IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 26814 of 2009(V) ------------------------------------------ PETITIONER(S): --------------------------- ABDURAHMAN K, AGED 35 YEARS, S/O. BAVA, KOYALIKKANTAKATH HOUSE, PONNANI P.O., MALAPPURAM DISTRICT. BY ADV. MR.JOBI JOSE KONDODY RESPONDENT(S): ------------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, PERUMBADAPPU POLICE STATION, VANNERI, MALAPPURAM DISTRICT. 3. THE SECRETARY, PONNANI MUNICIPALITY, PONNANI P.O., MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER MR. P.N.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 26814 of 2009 - V ---------------------------------------- Dated 24th September, 2009 Judgment The petitioner is the registered owner of a goods vehicle bearing registration No.KL/54 - 5871. The said vehicle was seized by the second respondent Sub Inspector of Police and produced before the District Collector, Malappuram on 17.9.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner submits that though the seized vehicle was produced before the District Collector, Malappuram by the second respondent, till date, the District Collector has not passed final orders in the matter. This writ petition is filed seeking a writ in the nature of mandamus commanding the respondents to release the vehicle to the petitioner. 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 seized and produced before him by way of interim custody. In my opinion, in the light of the W.P.(C) No.26814/2009 2 decision of this Court in Subramanian v. State of Kerala (2009 (1) KLT 77), the petitioner will have to move the District Collector seeking interim custody of his vehicle. I accordingly dispose of this writ petition with the following directions: (1) The District Collector, Malappuram shall, in the event of the petitioner moving him for interim custody, consider the said request expeditiously and grant interim custody within ten days from the date on which the petitioner produces a certified copy of this judgment before him, subject to such terms and conditions as he may deem fit to impose; and (2) The District Collector, Malappuram shall pass final orders in the matter pending before him expeditiously and, in any event, within three months from the date of production of a certified copy of this judgment. The petitioner's contentions on the merits are kept open. P.N.RAVINDRAN Judge vaa