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. 32173 of 2009(N) ------------------------------------ PETITIONER(S): ------------------------- SHAMSUDHEEN K.P., S/O.MOYIN K.P., KIZHAKKUMPARAMBAN HOUSE, THACHINGANADAM P.O., PATTIKKAD VIA, MALAPPURAM DIST. BY ADV. MR.DEVIDAS.U.K RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, MELATTUR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY GOVT. PLEADER MR.P.SANTHOSH 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.32173 OF 2009 --------------------------- DATED THIS THE 11TH DAY OF NOVEMBER, 2009 JUDGMENT The petitioner is the registered owner of a goods autorickshaw bearing registration No.KL-53-A-1280 . The said vehicle was seized and produced before the District Collector, Malappuram on 28/10/2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereupon filed Ext.P3 representation before the District Collector, Malappuram seeking interim custody of his vehicle. The grievance voiced by the petitioner in the writ petition is that till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to the respondents to release the seized vehicle to him 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 -2- W.P.(C).No.32173/2009 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 the writ petition with the following directions: (i) The District Collector, Malappuram shall, within one week from the date on which the petitioner produces a certified copy of this judgment before him, release the vehicle to the petitioner 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 petitioner produces a certified copy of this judgment before him, after notice to and affording the petitioner a reasonable opportunity of being heard. P.N.RAVINDRAN, JUDGE. kcv.