IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 30032 of 2009(Y) --------------------------------------- PETITIONER: ------------------- NOUFEER, S/O.HAMSA, AGED 22 YEARS, BUSINESS,KOZHIKKOOTTALAN, MANTHANKUNNU P.O, PUNNAYUR VILLAGE,CHAVAKKAD TALUK,THRISSUR DISTRICT. BY ADV. MR.P.M.ZIRAJ. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, CHAVAKKAD POLICE STATION. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE SECRETARY, PONNANI MUNICIPALITY. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 30032 of 2009 - Y ---------------------------------------- Dated 23rd October, 2009 Judgment Heard Sri.P.M.Ziraj, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is the owner of a goods vehicle bearing registration No.KL/13 Q 2966. It was seized by the first respondent and produced before the District Collector, Thrissur on 18.8.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereupon filed Ext.P2 application dated 19.8.2009 before the District Collector, Thrissur seeking interim custody of his vehicle. The grievance voiced by the petitioner in this writ petition is that till date orders have not been passed in that application. In this writ petition, the petitioner seeks a direction to the respondents to release the vehicle described in Ext.P2 application 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 W.P.(C) No.30032/2009 2 River Banks and Regulation of Removal of Sand Act, 2001, held that the District Collector has the power to release any vehicle seized and produced before him by way of interim custody. I accordingly dispose of this writ petition with the following directions: (i) The District Collector, Thrissur shall, within one week from the date on which the petitioner produces a certified copy of this judgment before him, release the vehicle to him on such terms and conditions as he may deem fit to impose; (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 framed thereunder expeditiously and, in any event, within three months from the date on which the petitioner produces a certified copy of this judgment before him after notice to and affording the registered owner and petitioner a reasonable opportunity of being heard. P.N.RAVINDRAN Judge vaa