IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 29084 of 2009(E) -------------------------------------- PETITIONER(S): ----------------------- SIRAJUDHEEN,S/O.MUHAMMED, PERISSERY HOUSE,PERUMANNA, PUTHOOR,KOZHIKKODE DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR,MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT. BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, ALONG WITH WPC. 29086 OF 2009 & 29149 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) NoS.29084, 29086 & 29149 of 2009 ---------------------------------------- Dated 15th October, 2009 Judgment The petitioners are registered owners of goods vehicles, that were seized and produced before the District Collector, Malappuram on the allegation that they were used to transport river sand without a valid pass. The petitioners thereupon moved the District Collector by submitting written representations seeking interim custody of their respective vehicles. The petitioners submit that ever since the date of seizure, their vehicles are lying exposed to the elements of nature and that unless interim custody is granted to them, they will suffer serious loss. In these circumstances, the petitioners seek a writ in the nature of mandamus commanding the District Collector to release the vehicle belonging 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 upholding the constitutional validity of the Kerala Protection of W.P.(C) No.29084, 29086 & 29149/2009 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 these writ petitions with the following directions: (i) The District Collector, Malappuram shall, within one week from the date on which the petitioners produce 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, 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 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 after notice to and affording the petitioners, a reasonable opportunity of being heard. P.N.RAVINDRAN Judge vaa