IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 34591 of 2009(T) -------------------------- PETITIONER(S): --------------- BIJU.P.V,S/O.BHASKARAN, PALLILA VALAPPIL-HOUSE,P.O.EDAPPAL, MALAPPURAM.DT.(OWNER OF KL-08-A-2165). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,COLLECTORATE, MALAPPURAM. 2. SUB INSPECTOR OF POLICE,TIRUR POLICE STATION,TIRUR.P.O,MALAPPURAM DISTRICT. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2009, ALONG WITH W.P.(C)S.34592 & 34593/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C)34591, 34592 & 34593 of 2009 -------------------- Dated this the 2nd day of December, 2009 JUDGMENT The petitioners are registered owners of goods vehicles that were seized by the second respondent on the allegation that their vehicles were used to transport river sand without a valid pass. A report was thereupon submitted before the District Collector, Malappuram. The petitioners thereupon moved the District Collector, Malappuram, by submitting separate representations 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 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 which is seized and produced before him, by way of W.P.(C).34591/09 and Connected Cases 2 interim custody. In such circumstances, as the petitioners have moved the District Collector in writing seeking interim custody of their vehicles, I 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 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 two 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 mrcs