IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(C).No. 25447 of 2009(A) ------------------------------------ PETITIONER: ------------------ VINOD N.V., S/O. VASUDEVAN, AGED 33 YEARS, NEDIYEDATH HOUSE, DESAMANGALAM P.O., KOOTTUPATHA, THRISSUR (RC ONWER KL-40-307) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: ---------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. CIRCLE INSPECTOR OF POLICE, WADAKANCHERY CIRCLE OFFICE, WADAKANCHERY, THRISSUR. 3. SUB INSPECTOR OF POLICE, WADAKANCHERY POLICE STATION, WADAKANCHERY, THRISSUR DIST. 4. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, PALAKKAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.25447 of 2009 - A ---------------------------------------- Dated 8th September, 2009 Judgment The petitioner is the registered owner of a tipper lorry bearing registration No.KL-40/307. The said vehicle was seized by the third respondent on 20.5.2009 on the allegation that it was transporting river sand without a valid permit. The petitioner submits that though the seized vehicle was produced before the District Collector by the third respondent, till date, the District Collector has not passed final orders in the matter. The petitoner also submits that he had thereupon submitted Ext.P3 representation dated 29.8.2009 before the District Collector by registered post requesting him to grant interim custody of the vehicle to him. This writ petition is filed seeking a writ in the nature of mandamus commanding the respondents to release the tipper lorry bearing registration No.KL- 40/307 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 Sand Mining Act, 2001, held that the District Collector has the power to W.P. (C) No. 25447/2009 2 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 decision of this Court in Subramanian v. State of Kerala (2009 (1) KLT 77), the District Collector has to consider the request made by the petitioner in Ext.P3 representation for interim custody of the vehicle and pass orders thereon. I accordingly dispose of the writ petition with the following directions: (1) The District Collector, Thrissur shall consider the request made by the petitioner in Ext.P3 representation for interim custody of his vehicle 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 (2) The District Collector, Thrissur 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 vaa