IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WP(C).No. 32295 of 2009(F) -------------------------- PETITIONER(S): --------------- RAMESH,S/O.KANDAMUTHAN, PANAMBAZHAKKADU HOUSE, PAZHATHARA,CHERAMANGALAM, PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): --------------- 1. THE DISTRICT COLLECOTOR, PALAKKAD. 2. THE SUPERINTENDENT OF POLICE, SUPERINTENDENT OF POLICE,PALAKKAD. 3. THE S.I.OF POLICE, ALATHUR POLICE STATION, PALAKKAD. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).32295/2009 -------------------- Dated this the 12th day of November, 2009 JUDGMENT The petitioner is the registered owner of an autorikshaw bearing registration No.KL 10 S 4705. The said vehicle was seized by the Sub Inspector of Police, Alathur Police Station and produced before the District Collector, Palakkad, on 5.11.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereupon submitted Ext.P1 petition dated 7.11.2009 before the District Collector seeking interim custody of his vehicle. The petitioner's grievance is that till date orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to the respondents to consider Ext.P1 representation and pass orders thereon within a lime limit to be fixed by this Court. 2. Ext.P1 discloses that besides seeking interim custody, the petitioner has also requested the District Collector to pass final orders in the proceedings initiated by the District Collector. Since the vehicle seized from the petitioner is an autorikshaw, the quantity of sand carried in it would be much less than that carried in a lorry/mini lorry. In such W.P.(C).32295/09 2 circumstances, I dispose of this writ petition with the following directions. 3. The District Collector, Palakkad, shall release the vehicle described in Ext.P1 representation to the petitioner by way of interim custody in the event of the petitioner depositing the sum of Rs.10,000/-. It will be open to the District Collector to impose other conditions except deposit of money and furnishing of security, while granting such interim custody. The vehicle shall be released on the day the petitioner deposits the sum of Rs.10,000/-. The District Collector shall also pass final orders in the proceedings if any, 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 two months from the date on which the petitioner produces a certified copy of this judgment before him. The District Collector shall afford the petitioner a reasonable opportunity of being heard and shall after orders are passed, communicate a copy thereof to him expeditiously. P.N.RAVINDRAN, Judge mrcs