IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 26126 of 2009(I) ------------------------------------- PETITIONER(S): --------------------- KURIAKKOSE, S/O.NIKLAVOS, AGED 28 YEARS, PANAKKAL HOUSE, KOONAMOOCHI P.O., KANDANASSERY DESOM, THRISSUR DISTRICT. (RC OWNER KL-13B-299). BY ADV. MR.SHOBY K.FRANCIS RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. SUB INSPECTOR OF POLICE, GURUVAYOOR POLICE STATION, THRISSUR DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 26126 of 2009 - I ---------------------------------------- Dated 16th September, 2009 Judgment Heard Sri.Shoby K. Francis, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a mini lorry bearing registration No.KL/13B-299. The said vehicle was seized by the second respondent on 11.9.2009 on the ground that it was transporting river sand without a valid pass. The second respondent had after such seizure produced the vehicle before the first respondent District Collector, Thrissur. The petitioner’s grievance is that though he had moved the District Collector by submitting Ext.P2 application dated 12.9.2009 seeking interim custody of the vehicle, till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to release the mini lorry bearing registration No.KL/13B-299 to him. In the alternative, he seeks a direction to the first respondent to consider his request for interim custody of the vehicle and pass orders thereon within a time limit to be fixed by this Court. 3. A learned Single Judge of this Court has in Subramanian v. State of Kerala (2009 (1) KLT 77), while upholding the constitutional validity of W.P.(C) No.26126 of 2009 -:2:- the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 held that the District Collector is empowered to order release of any vehicle seized and produced before him by way of interim custody. In such circumstances, I am of the opinion that the District Collector should consider the request made by the petitioner and pass orders thereon granting interim custody of the petitioner’s vehicle to him, subject to such conditions as the District Collector may deem fit to impose. I accordingly dispose of this writ petition with the following direction: (i) The District Collector, Thrissur shall consider the request made by the petitioner in Ext.P2 application for interim custody of his vehicle expeditiously and, in any event, within ten days from the date on which the petitioner produces a certified copy of this judgment before him; and (2) The District Collector, Thrissur shall pass final orders in the matter pending before him expeditiously and, in any event, within three months from today. The petitioner's contentions on the merits are kept open. P.N.RAVINDRAN Judge vaa