IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 27198 of 2009(T) -------------------------------------- PETITIONER: ------------------- SAKEEP.P., S/O.MOIDEEN KUTTY, PUNNATH HOUSE, MEZHATHUR (PO), OTTAPPALAM TALUK, PALAKKAD. BY ADVS. MR.JAMSHEED HAFIZ, MR.SAJU.S.A. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. S.I.OF POLICE, TIRUR, MALAPPURAM DISTRICT. R1 & R2 BY SR. GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.27198 of 2009-T ------------------------------ Dated this the 29th day of September, 2009. J U D G M E N T Heard Sri.Jamsheed Hafiz, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents . 2. The petitioner is the owner of a goods vehicle bearing registration No.KL-10-D-6226. The said vehicle was seized by the second respondent on 17.9.2009, on the allegation that it was used to transport river sand without a valid pass and produced before the first respondent. The petitioner submits though the vehicle was seized on 17.9.2009, till date it has not been released to him. In this writ petition, the petitioner inter alia seeks a writ in the nature of mandamus commanding the respondents to release the vehicle to him. 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 the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 held that the District Collector has the power to direct release of any vehicle which is seized and produced before him, by way of interim custody. It is evident from the pleadings that the petitioner has not so far moved the District Collector in writing seeking interim custody of his vehicle. In such circumstances, I dispose of this writ petition with the following directions: i) The District Collector, Malappuram, shall in the event of the petitioner filing a petition before him seeking interim custody of the vehicle, issue orders within ten days therefrom, granting interim custody of 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, with notice to the petitioner and after affording him a reasonable opportunity of being heard, within three months from the date of receipt of a certified copy of this judgment. The District Collector shall pass an order giving reasons in support of his conclusions and shall communicate a copy thereof to the petitioner expeditiously. The contentions of the petitioner on the merits are kept open. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab