IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 26320 of 2009(H) -------------------------------------- PETITIONER(S): --------------------- FAZEELA NOUSHAD, W/O.NOUSHAD, PUTHIYAVEETTIL HOUSE, OLLUKKARA PO, THRISSUR DIST. (R.C. OWNER OF VEHICLE KL-8-AK-8029) BY ADV. MR.SHOBY K.FRANCIS RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR DIST. 2. SUB INSPECTOR OF POLICE, VALAPPAD POLICE STATION, VALAPPAD PO, THRISSUR DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 26320 of 2009 - H ---------------------------------------- Dated 18th September, 2009 Judgment Heard Sri. Shoby K. Francis, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a mini lorry bearing registration No.KL8/AK-8029. The said vehicle was seized by the second respondent Sub Inspector of Police on 19.5.2009 on the allegation that it was used to transport river sand without a valid pass. After such seizure, the vehicle was produced before the District Collector,Thrissur. The petitioner submits that though she had submitted the original of Ext.P2 representaton dated 26.5.2009 before the District Collector, Thrissur seeking interim custody of the vehicle on the security of a cash deposit of Rs.25,000/-, till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to release the goods vehicle bearing registration No.KL8/AK-8029 to her within a time limit to be fixed by this Court. In the alternative, the petitioner seeks a writ in the nature of W.P.(C) No.26320/2009 2 mandamus commanding the respondents to consider Ext.P2 application for interim custody of the said vehicle. The petitioner also challenges the constitutional validity of rule 27 of the Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002. 3. A learned Single Judge of this Court has in Subramanian v. State of Kerala (2009 (1) KLT 77), while upholding the constitutional validity of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, held that the District Collector has the power to direct release of any vehicle which is seized and produced before him, by way of interim custody. In my opinion, in the light of the decision of this Court in Subramanian v. State of Kerala (supra), the District Collector has to consider the request made by the petitioner in Ext.P2 application for interim custody of the vehicle and pass orders thereon. I accordingly dispose of this writ petition with the following directions: (i) The District Collector, Thrissur shall consider the request made by the petitioner in Ext.P2 application for interim custody of her vehicle expeditiously and, in any event, within ten days from the W.P.(C) No.26320/2009 3 date on which the petitioner produces a certified copy of this judgment before the District Collector; and (ii) The District Collector, Thrissur shall pass final orders in the matter pending before him expeditiously and, in any event, within three months from today. The petitioner's contentions on the merits are kept open. P.N.RAVINDRAN Judge vaa