IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 28181 of 2009(P) -------------------------------------- PETITIONER(S): --------------------- SUBRAMANIAN K.K., AGED 41 YEARS, S/O. KESAVAN, KUTTIYATTIL HOUSE, KARIKKAD VILLAGE P.O., KOTTOL DESOM, THRISSUR DT. (OWNER OF KRZ-6525). BY ADV. MR.SHOBY K.FRANCIS RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. ADDL. TAHSILDAR, THALAPPILLY TALUK, TALUK OFFICE, WADAKANCHERY, THRISSUR. 3. SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, KUNNAMKULAM, THRISSUR DISTRICT. R1 TO R3 BY SR. GOVERNMENT PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.28181 of 2009 - P ---------------------------------------- Dated 7th October, 2009 Judgment Heard Sri.Shoby K. Francise, 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 owner of a mini lorry bearing registration No.KRZ - 6525 under an agreement of sale. The said vehicle was seized by the third respondent and produced before the District Collector, Thrissur on 11.6.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereafter moved the District Collector by submitting Ext.P2 representation on 24.9.2009. The petitioner's grievance is that notwithstanding the request made by him in Ext.P2, the District Collector has not so far released the vehicle to him by way of interim custody. In this writ petition, the petitioner seeks a direction to the District Collector to release the vehicle belonging 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 W.P.(C) No.28181/2009 -:2:- 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 my opinion, in the light of the decision of this Court in Subramanian v. State of Kerala (supra), the District Collector has to consider the request made by the petitioner for interim custody of the vehicle and pass orders thereon. I accordingly dispose of the writ petition with the following directions: (1) The District Collector, Thrissur shall consider the request made by the petitioner for interim custody of his vehicle and release the vehicle by way of interim custody within seven days from the date on which the petitioner produces a certified copy of this judgment before the District Collector on such terms and conditions as he may deem fit to impose; and (2) The District Collector, Thrissur shall pass final orders in the matter pending before him expeditiously and, in any event, within three months from such date, after affording the petitioner a reasonable opportunity of being heard. The petitioner's contentions on the merits are kept open. P.N.RAVINDRAN Judge vaa