IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 25533 of 2009(J) --------------------------------------- PETITIONER(S): ------------------------ K.PRADEEP, S/O. SETHUMADHAVAN, AGED 28 YEARS, KALANKUNNATH HOUSE, PALLOOR P.O., VARAVATTUR DESOM, DESAMANGALAM VIA, THRISSUR DIST. (RC OWNER - KL-13K-4443). BY ADV. MR.SHOBY K.FRANCIS RESPONDENT(S): ----------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. SUB INSPECTOR OF POLICE, ERUMAPETTY POLICE STATION, ERUMAPETTY, THRISSUR DISTRICT. 3. GEOLOGIST, DEPARTMENT OF MINING OF GEOLOGY, DISTRICT OFFICE, PALAKKAD. BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 25533 of 2009-J ------------------------------ Dated this the 9th day of September, 2009. J U D G M E N T 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.KL-13K-4443. The said vehicle was seized by the second respondent Sub Inspector of Police, on 30.5.2009, on the allegation that it was used to transport river sand without a valid pass. The petitioner submits that the sand that was carried in his lorry was supported by a valid pass, a copy of which is Ext.P2. The petitioner also submits that seeking interim custody of the vehicle he has submitted Ext.P3 representation dated 24.6.2009 and Ext.P4 representation dated 29.8.2009 before the District Collector, Thrissur. The grievance voiced by the petitioner in this writ petition is that though more than three months have passed after his vehicle was seized, till date orders have not been passed on the request made by him in his representations. In this writ petition, the petitioner inter alia seeks a direction to the respondents to release the mini lorry to him. 3. A learned Single Judge of this Court has in Subramanian V. W.P(C) No. 25533 of 2009-J 2 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, since the petitioner has already moved the District Collector seeking interim custody of his vehicle, the District Collector is bound to take a decision thereon expeditiously. I accordingly dispose of this writ petition with a direction to the District collector, Thrissur to consider the request made by the petitioner in Exts.P3 and P4 representations for interim custody of mini lorry bearing registration No. KL-13K-4443 and pass orders thereon within two weeks from the date on which the petitioner produces a certified copy of this judgment before him. The District Collector shall also pass final orders in the matter, within three months from the said date, after affording the petitioner a reasonable opportunity of being heard. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN JUDGE ab