IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 26615 of 2009(V) -------------------------------------- PETITIONER: ------------------- SAJEESH KUMAR, AGED 23 YEARS, S/O.NARAYANAN, NECHIKOTTIL HOUSE, KURUMALA, CHELAKKARA, WADAKKANCHERY. BY ADV. MR.P.K.SAJEEV. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTERATE, THRISSUR - 3. 2. THE SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION. PIN: 679 531. R1 & R2 BY GOVT. PLEADER MR. P.N. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.26615 of 2009-V ------------------------------ Dated this the 23rd day of September, 2009. J U D G M E N T Heard Sri.P.K.Sajeev, 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 registered owner of a goods vehicle bearing registration No.KL-10-E-4312. The said vehicle was seized by the second respondent Sub Inspector of Police, on 26.3.2009, on the allegation that it was used to transport river sand without a valid pass and produced before the first respondent. The petitioner submits that though his vehicle was seized on 26.3.2009, till date orders have not been passed in the proceedings initiated under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and that his vehicle is lying exposed to the elements of nature. In this writ petition, the petitioner inter alia seeks a writ in the nature of mandamus commanding the respondents to release the vehicle to him. He also seeks a writ in the nature of mandamus commanding the first respondent to finalise the proceedings initiated against him under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, within a time limit to be fixed by this Court. 3. The pleadings disclose that the petitioner's vehicle was seized on 26.3.2009. Six months have passed thereafter. The vehicle is in the custody of the first respondent for the past six months and is lying exposed to the elements of nature. In such circumstances I am of the opinion that the District Collector, Thrissur should pass final orders in the proceedings initiated by him in respect of the petitioner's vehicle under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, expeditiously. I accordingly dispose of this writ petition with a direction to the District Collector, Thrissur to expedite the proceedings initiated by him in respect of the petitioner's vehicle under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and pass final orders thereon within two months from the date of receipt of a certified copy of this judgment after affording the petitioner a reasonable opportunity to state his case. If the petitioner makes a request seeking interim custody of his vehicle, the first respondent shall consider the same and release the vehicle within seven days, on such terms and conditions as he may deem fit to impose. Sd/- P.N.RAVINDRAN JUDGE //True Copy// ab PA to Judge