IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 36821 of 2009(W) -------------------------- PETITIONER(S): --------------- RAJEEV, S/O. BALAGOPALAN, MADANBATH KARUVEETTIL HOUSE, KURUVAMBALAM, PULAMANTHOLE, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K SRI.PRINSUN PHILIP RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE, STATION THROUGH THE PUBLIC PROSECUTOR AT HIGH COURT OF KERALA. BY SR. GOVT. PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 36821 OF 2009 -------------------------- Dated this the 21st day of December, 2009 J U D G M E N T Heard Sri. U.K.Devidas, the learned counsel appearing for the petitioner and Sri. P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a goods vehicle bearing registration No.KL-09-C-711. The said vehicle was seized by the second respondent on 12.12.2009 on the allegation that it was used to transport river sand without a valid pass. A report was thereafter submitted to the District Collector, Malappuram. 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 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 W.P.(C) No. 36821/09 2 circumstances, I am of the opinion that the petitioner should have moved the District Collector seeking interim custody of his vehicle instead of seeking the intervention of this Court. I accordingly dispose of this writ petition with the following directions. (a) The District Collector, Malappuram, shall, in the event of the petitioner filing a petition before him seeking interim custody of the vehicle, issue orders thereon within 7 days therefrom granting interim custody of the vehicle to the petitioner on such terms and conditions as he may deem fit to impose. If the vehicle is already involved in the commission of a similar offence or offences, it will be open to the District Collector to decline to release the vehicle by way of interim custody. If likewise, after interim custody is given, the vehicle is involved in a similar offence, it will be open to the District Collector to order immediate seizure of the vehicle notwithstanding the fact that interim custody is given pursuant to this order. (b) 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, with notice to the petitioner and after W.P.(C) No. 36821/09 3 affording him a reasonable opportunity of being heard, within two months from today. The District Collector shall after final orders are passed, communicate a copy thereof to the petitioner expeditiously. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, JUDGE vps