IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 25957 of 2009(L) ---------------------------------- PETITIONER(S): ------------------------ NOORSHAN, S/O.VEERAVU, AGED 22 YEARS, KOMATHERIL HOUSE, MOONGATHALA PO, PALLIKKARA DESOM, KANIYOOR VILLAGE, PONNANI TALUK, MALAPPURAM DIST(OWNER OF A MINI LORRY BEARING REGISTRATION NO.KL.08-F-7326) BY ADV. MR.P.M.ZIRAJ RESPONDENT(S): --------------------- 1. SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, THRISSUR DIST. 2. THE DISTRICT COLLECTOR, THRIRSUR. R1 TO R2 BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 25957 of 2009-L ------------------------------ Dated this the 15th day of September, 2009. J U D G M E N T Heard Sri.P.M.Ziraj, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned standing counsel appearing for the respondents. 2. The petitioner claims that he is the owner of a mini lorry bearing registration No.KL-08-F-7326. The said vehicle was seized by the first respondent Sub Inspector of Police, on 4.8.2009, on the allegation that it was used to transport river sand without a valid pass. After seizure, the vehicle was produced before the second respondent. The petitioner submits that seeking interim custody of the vehicle he had submitted Ext.P1 representation dated 5.8.2009 before the District Collector, Thrissur. The grievance voiced by the petitioner in this writ petition is that till date orders have not been passed on the request made by him in Ext.P1. In this writ petition, the petitioner inter alia seeks a direction to the second respondent to consider the request made by him in Ext.P1 and pass orders thereon with a time limit to be fixed by this Court. 3. A learned Single Judge of this Court has in Subramanian V. State of Kerala (2009(1) KLT 77) while upholding the constitutional W.P(C) No. 25957 of 2009-L 2 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 such circumstances, I am of the opinion that the District Collector should consider the request made by the petitioner for interim custody of the vehicle bearing registration No.KL-10-B-3978 and pass orders thereon. Since the petitioner is not the registered owner, I am of the opinion that the District Collector should issue notice to the registered owner also while passing orders in the matter. Final orders on Ext.P1 regarding interim custody shall be passed within two weeks from the date on which the petitioner produces a certified copy of this judgment. The District Collector shall also pass final orders in the matter after notice to both the petitioner and the registered owner within three months from such date. The contentions of the petitioner on the merits are kept open. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab W.P(C) No. 25957 of 2009-L 3