IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 34827 of 2009(W) ------------------------------------ PETITIONER(S): ------------------------ K. NOUSHAD, AGED 29 YEARS, S/O. ABDU, KORADAN HOUSE, PURAMANNUR P.O., VALANCHERI, MALAPPURAM. BY ADVS. MR.ESM.KABEER MR.ABDUL MAJEED.N RESPONDENT(S): ----------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION. R1 & R2 BY GOVT. PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2009, ALONG WITH WP(C) NO. 34850 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN,J. -------------------------------------------------- W.P.(C) Nos. 34827 & 34850 of 2009 -------------------------------------------------- Dated 3rd December, 2009 Judgment The petitioners are registered owners of goods vehicle that were seized by the Sub Inspector of Police, Kolathur on 16.3.2009 and 25.11.2009 respectively on the allegation that they were used to transport river sand without a valid pass. Reports were thereafter submitted before the District Collector. The petitioners thereupon moved the District Collector in writing seeking interim custody of their respective vehicles. The grievance voiced by the petitioners is that till date orders have not been passed in the matter. In this writ petition, the petitioners seek a direction to the District Collector, Malappuram to release the vehicle seized from 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, W.P.(C) No.34827 & 34850/2009 2 held that the District Collector has the power to release any vehicle seized and produced before him by way of interim custody. 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, release the vehicle 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 vaa