IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(C).No. 30316 of 2009(H) -------------------------- PETITIONER: --------------- SAINABA, W/O.BEERAKUTTY, AGED 35 YEARS, HOUSE NO.3/492A, PATTATH HOUSE, PUNNATHALA P.O., VALANCHERY VIA, MALAPPURAM DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, KUTTIPURAM POLICE STATION, MALAPPURAM DISTRICT. GOVT.PLEADER, SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------ W.P.(C). No. 30316 OF 2009 ------------------------------- Dated this the 26th day of October, 2009 J U D G M E N T ~~~~~~~~~~~ The petitioner is the registered owner of a goods vehicle bearing registration number KL-11U/7418. The said vehicle was seized by the third respondent and produced before the District Collector, Malappuram on 12.9.2009 on the allegation that it was used to transport river sand without a valid permit. The petitioner thereupon filed Ext.P4 representation dated 24.10.2009, seeking interim custody of his vehicle. The grievance voiced by the petitioner is that though he had submitted Ext.P4 application requesting the District Collector to give interim custody of the vehicle to him, 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 interim custody. 2. A learned single Judge of this Court has in Subramanian v. State of Kerala [2009(1) KLT 77], while upholding the 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 W.P(C) No.30316/2009 2 seized and produced before him, by way of interim custody. In such circumstances, I am of the opinion that the District Collector should consider Ext.P4 application and pass orders thereon expeditiously. I accordingly dispose of this Writ Petition with the following directions: (i) The District Collector, Malappuram, shall consider the request made by the petitioner in Ext.P4 representation and grant interim custody of the vehicle to him expeditiously and, in any event, within ten days from the date on which the petitioner produces a certified copy of this judgment before the District Collector, and (ii) The District Collector, Malappuram shall pass final orders in the matter pending before him expeditiously and, in any event, within three months from today. The petitioner's contentions on the merits are kept open. (P.N.RAVINDRAN, JUDGE) ps