IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 31161 of 2009(M) -------------------------- PETITIONER(S): --------------- SUBASH, S/O.SUBRAMANIAN, AGED 27 YEARS, NADUTHODI, KADAMBUZHA AMSOM, MARAKKARA DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, MALAPPURAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION, MALAPPURAM. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH W.P.(C).31227/09 AND CONNECTED CASES ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ....................... W.P.(C)s.31161, 31225, 31227, 31236, 31278, 31196 & 31252 of 2009 ....................... Dated this the 3rd day of November, 2009 JUDGMENT The petitioners are owners/registered owners of goods vehicles, seized and produced before the District Collector, Malappuram, on the allegation that their vehicles were used to transport river sand without a valid pass. The petitioners have there upon filed separate representations before the District Collector 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 their 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 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. Therefore, the District Collector ought to have W.P.(C).31161/09 & Connected Cases 2 considered the request made by the petitioner for interim custody and passed orders thereon. 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, grant interim custody of the vehicles to the respective petitioners on such terms and conditions as he may deem fit and proper 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/registered owners a reasonable opportunity of being heard. P.N.RAVINDRAN, Judge mrcs