IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 25946 of 2009(K) -------------------------- PETITIONER: --------------- SATHEESHAN, AGED 43 YEARS, S/O.RAGHAVAN, THATTAPARAMBIL HOUSE, EZHAVATHIRUTHI, PONNANI, MALAPPURAM DISTRICT. BY ADV. SRI.RAJIT RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM, KERALA STATE. 2. PONNANI GRAMA PANCHAYATH, PONNANI, MALAPPURAM DISTRICT, (CHAMRAVATTOM PROJECT KADAVU), REPRESENTED BY THE SECRETARY. 3. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, MALAPPURAM DISTRICT. BY GOVT. PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.25946 of 2009-K ------------------------------ Dated this the 15th day of September, 2009. J U D G M E N T Heard Sri.Rajit, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for respondents 1 and 3. In the nature of the order that I propose to pass, I do not deem it necessary to issue notice to or hear the second respondent. 2. The petitioner is the registered owner of a goods vehicle bearing registration No.KL-12C-962. The said vehicle was seized by the third respondent Sub Inspector of Police, on 25.8.2009, on the allegation that it was used to transport river sand without a valid pass. After the seizure the vehicle was produced before the first respondent. The petitioner submits that though the vehicle was seized by the third respondent and produced before the first respondent on 25.8.2009, till date orders have not been passed regarding interim custody of the vehicle. In this writ petition, the petitioner challenges the seizure of his vehicle and seeks a direction to the respondents to forthwith release the vehicle to him. 3. A learned Single Judge of this Court has in Subramanian V. State of Kerala (2009(1) KLT 77) while upholding the constitutional W.P(C) No.25946 of 2009-K 2 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 such circumstances, I am of the opinion, the petitioner should move the first respondent seeking interim custody of the vehicle instead of seeking the intervention of this Court. I accordingly dispose of this writ petition with the following directions: a) The District collector, Malappuram, shall in the event of the petitioner filing a petition before him seeking interim custody of the vehicle, issue orders within ten days therefrom, granting interim custody of the vehicle to the petitioner on such terms and conditions as he may deem fit to impose. (b) The District Collector, Malappuram 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, with notice to the petitioner and after affording him a reasonable opportunity of being heard, within four months from today. P.N.RAVINDRAN JUDGE ab