IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 31176 of 2009(N) -------------------------- PETITIONER(S): --------------- SUMESH, S/O. SASI, MADATHIPARAMBIL, AGED 25 YEARS, SOUTH ADUVASSERY P.O., KUNNUKARA VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT. (OWNER OF A LORRY BEARING REGISTRATION NO.KL-7/AU - 2866). BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, NORTH PARAVUR POLICE STATION. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. KANNAPPAN, CLERK, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANADU, ERNAKULAM. BY GP SRI.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).31176/2009 -------------------- Dated this the 3rd day of November, 2009 JUDGMENT The petitioner is the registered owner of a goods vehicle bearing registration No.KL-7-AU-2866, which was seized by the Sub Inspector of Police, North Paravur and produced before the District Collector, Ernakulam, on the allegation that it was used to transport river sand without a valid pass. The petitioner thereupon filed Ext.P1 representation before the District Collector seeking interim custody of the 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 an interim custody. 2. 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 release any vehicle which is seized and produced before him, by way of interim custody. In W.P.(C).31176/09 2 such circumstances, as the petitioner has moved the District Collector in writing seeking interim custody of his vehicle, I dispose of this writ petition with the following directions: (i). The District Collector, Malappuram, shall, within one week from the date on which the petitioner produces a certified copy of this judgment before him, grant interim custody of the vehicle to him on such terms and conditions as he may deem fit. (ii). The District Collector, Malappuram, shall pass final orders in the proceedings initiated by him under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and 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. P.N.RAVINDRAN, Judge mrcs