IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35743 of 2009(K) ---------------------------------------- PETITIONER(S): ------------------------ RAJAGOPAL, AGED 41 YEARS, S/O.PARAMASIVAM, #83, TST MAIN ROAD, KPN EXTENTION, BANGALORE, 560002, KARNATAKA. BY ADVS. MR.P.V.PRAKASAN MR.S.RUSSEL MR.V.R.ARUN RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, DRNAKULAM DISTRICT, COLLECTORATE, KAKKANAD, ERNAKULAM, PIN-682 030. 2. THE S.I OF POLICE, UDAYAMPEROOR POLICE STATION, UDAYAMPEROOR, ERNAKULAM, PIN-682 320. BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 35743 of 2009 - K ---------------------------------------- Dated 11th December, 2009 Judgment The petitioner is the registered owner of a goods vehicle bearing registration No.KA/01-C 5355. The said vehicle was seized by the second respondent on 8.12.2009 on the allegation that it was used to transport sand without a valid pass. A report was thereupon submitted to the District Collector, Ernakulam. The petitioner thereafter submitted Ext.P7 petition dated 9.12.2009 before the District Collector seeking interim custody of his vehicle. The grievance voiced by the petitioner 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 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 River Banks and Regulation of Removal of Sand Act, 2001, held that the District Collector has the power to release any vehicle seized and WP © No.35743/2009 -:2:- produced before him by way of interim custody. I accordingly dispose of this writ petition with the following directions: (i) The District Collector, Ernakulam 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, Ernakulam shall pass final orders in the proceedings if any 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 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 vaa