IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 30774 of 2009(N) -------------------------------- PETITIONER(S): --------------- HARIDAS.V., S/O.VELU, KIZHAKKEPARAMBU HOUSE, NENMANI PO, KOLLENGODE(VIA) PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE SUPERINTENDENT OF POLICE, S.P.OFFICE PALAKKAD, PALAKKAD. 3. THE S.I. OF POLICE, KOLLENGODE POLICE STATION, PALAKKAD. BY GOVT. PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. -------------------------- WP(C) NO. 30774 OF 2009 ------------------------------- DATED THIS THE 29TH DAY OF OCTOBER 2009 JUDGMENT -------------- Heard Sri. P. Vijaya Bhanu, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is the owner of a goods vehicle bearing registration No. K.L.09 W 2626. The said vehicle was seized by the third respondent and produced before the District Collector, Palakkad on 22-9-2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereupon moved the District Collector by filing Ext.P1 application seeking interim custody of his vehicle. The grievance voiced by the petitioner in this writ petition is that till date orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to the respondents to release the vehicle to him by way of interim custody. 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 WP(C) NO. 30774 OF 2009 2 Regulation of Removal of Sand Act, 2001, held that the District Collector has the power to release any vehicle seized and produced before him by way of interim custody. I accordingly dispose of this writ petition with the following directions: i) The District Collector, Palakkad shall, within one week from the date on which the petitioner produces a certified copy of this judgment before him, release the vehicle to the petitioner on such terms and conditions as he may deem fit to impose; ii) The District Collector, Palakkad shall pass final orders in the proceedings initiated by him under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001and the Rules framed thereunder expeditiously and, in any event, within three months from the date on which the petitioner produces a certified copy of this judgment before him after notice to and affording the petitioner a reasonable opportunity of being heard. The petitioner's contentions on the merits are kept open. P.N. RAVINDRAN JUDGE pkk