IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 32128 of 2009(I) ------------------------------------ PETITIONER(S): ----------------------- ASHRAF S/O.MOIDUTTY, 25 YEARS, PARAMBIL PEEDIKA HOUSE, KARIMPUZHA, AMSOM DESOM, OTTAPALAM TALUK. BY ADV. SMT.T.D.RAJALAKSHMI MR.R.SREEHARI RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION PALAKKAD. 2. SUB INSPECTOR OF POLICE, MANNARKAD POLICE STATION. BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N. RAVINDRAN,J. --------------------------- W.P.(C).NO. OF 2005 --------------------------- DATED THIS THE 11TH DAY OF NOVEMBER, 2009 JUDGMENT The petitioners are the registered owners of goods vehicles bearing registration No.KL-11-U-7278 and KL-40-A- 2565 respectively. Their vehicles were seized and produced before the District Collector, Palakkad on the allegation that they were used to transport river sand without a valid pass. The petitioners thereupon filed separate representations before the District Collector, Palakkad seeking interim custody of their respective vehicles. The grievance voiced by the petitioners in these writ petitions is that till date, orders have not been passed thereon. In these writ petitions, the petitioners seek a direction to the respondents to release the seized vehicles to them 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 -2- W.P.(C).Nos.32128 & 32129/09 upholding the constitutional 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 release any vehicle seized and produced before him, by way of interim custody. In such circumstances, I dispose of these writ petitions with the following directions: (i) The District Collector, Palakkad shall, within one week from the date on which the petitioners produces a certified copy of this judgment before him, release the vehicles to them on such terms and conditions as he may deem fit to impose. (ii) The District Collector, Palakkad 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 petitioners produce a certified copy of this judgment before him, -3- W.P.(C).Nos.32128 & 32129/09 after notice to and affording the petitioners a reasonable opportunity of being heard. P.N.RAVINDRAN, JUDGE. kcv.