IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 26319 of 2009(H) --------------------------------------- PETITIONER(S): ---------------------- HUSSAIN A. S/O. MUHAMMED KUTTY, 36 YEARS AREEKATTIL HOUSE, KADAMPUZHAM, AMSOM DESOM, PO, TIRUR TALUK, MALAPPURAM DIST. (OWNER OF KL-07-L-2234) BY ADV. MR.SHOBY K.FRANCIS RESPONDENT(S): ------------------------ 1. THE DISTRICT COOLECTOR, COLLECTORATE, MALAPPURAM. 2. SUPERINTEDENT OF POLICE, MALAPPURAM DISTRICT. 3. CIRCLE INSPECTOR OF POLICE, VALANCHERY POLICE STATION, MALAPPURAM. 4. SUB INSPECTOR OF POLICE, VALANCHERY POLICE STATION, VALANCHERY, MALAPPURAM. R1 TO R4 BY SR. GOVERNMENT PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 26319 of 2009-H ------------------------------ Dated this the 5th day of October, 2009 J U D G M E N T Heard Sri.Shoby K.Francise, 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 mini lorry bearing registration No.KL-07-L-2234. The said vehicle was seized by the Sub Inspector of Police, Valanchery Police Station and produced before the first respondent on 21.6.2009, on the allegation that it was used to transport river sand without a valid pass. Thereafter, proceedings were initiated against the petitioner under the provisions of the Kerala Anti- Social Activities (Prevention) Act, 2007. The petitioner thereupon moved the Sub Inspector of Police, seeking interim custody of the said vehicle. He thereafter moved the District Collector by submitting Ext.P4 representation dated 7.9.2009. The grievance voiced by the petitioner in this writ petition is that the respondents have no authority to proceed against him or his vehicle under the Kerala Anti-Social Activities (Prevention) Act, 2007. In this writ petition, the petitioner inter alia seeks a writ in the nature of mandamus commanding the respondents to release the vehicle bearing registration No.KL-07-L-2234 to him forthwith. W.P(C) No. 26319 of 2009-H : 2 : 3. The learned Government Pleader appearing for the respondents submits on instructions that the District Collector has taken steps to proceed against the petitioner and his vehicle under the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001 and the rules framed therein. He also submits that the District Collector will consider the petitioner's application for interim custody of the vehicle and pass orders thereon. He further submits that the District Collector will finalise the proceedings expeditiously. 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. Ext.P4 discloses that the petitioner has already moved the District Collector seeking interim custody of his vehicle. The District Collector should therefore consider the request made by him in Ext.P4 and pass orders thereon. I accordingly dispose of this writ petition with the following directions: i) The District Collector, Malappuram shall within seven days from the date on which the petitioner produces a certified copy of this judgment release the vehicle to the petitioner by way of interim custody subject to such terms and conditions as he may deem fit to impose. W.P(C) No. 26319 of 2009-H : 3 : ii) The District Collector 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 within three months from the date on which the petitioner produces a certified copy of this judgment after notice to and affording the petitioner and the registered owner a reasonable opportunity of being heard. The contentions of the petitioner on the merits are kept open. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab