IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 32821 of 2009(W) -------------------------- PETITIONER(S): --------------- THAHA P.U., S/O. UMMER, PERINGATTU HOUSE, PAPPALI, ANDATHODU P.O. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, CHAVAKKADU. 2. THE DISTRICT COLLECTOR, THRISSUR. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ....................... W.P.(C).32821/2009 ....................... Dated this the 17th day of November, 2009 JUDGMENT The petitioner is the owner of a goods autorikshaw bearing registration No.KL-08-W-7103. The said vehicle was seized by the first respondent on 23.10.2009 on the allegation that it was used to transport river sand without a valid pass. A report was thereupon submitted to the District Collector, Thrissur. The petitioner submits that though he had requested the District Collector to release the vehicle by way of interim custody, till date such interim custody has not been given. In this writ petition the petitioner seeks a direction to the respondents to release the vehicle to him by way of 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. It is relying on this decision that the W.P.(C).32821/2009 2 petitioner seeks a direction to the respondents to release the vehicle to him by way of interim custody. 3. Since the vehicle seized is an autorikshaw and the quantity of sand carried in it is much less than the quantity of sand transported in trucks and other heavy goods vehicles, I am of the opinion that the District Collector should release the goods autorikshaw bearing registration No.KL-08-W-7103 to the petitioner by way of interim custody in the event of the petitioner depositing the sum of Rs.10,000/- before the District Collector. I accordingly dispose of this writ petition with the following directions. (i). The District Collector, Thrissur, shall release the vehicle bearing registration No.KL-08-W-7103 to the petitioner by was of interim custody on the petitioner depositing the sum of Rs.10,000/- with the District Collector, Thrissur. The vehicle shall be released on the day the petitioner deposits the money. (ii). The District Collector, Thrissur, 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 thereunder within two months W.P.(C).32821/2009 3 form the date on which the petitioner produces a certified copy of this judgment, after notice to and affording the petitioner a reasonable opportunity of being heard. P.N.RAVINDRAN, Judge mrcs