IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 25947 of 2009(K) ----------------------------------------- PETITIONER(S): ------------------------- SAIDALIKUTTY, S/O. POCKER, KADALINGAL HOUSE, THIRUNNAVAYA, MALAPPURAM DISTRICT. BY ADV. MR.K.M.FIROZ RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, MALAPPURAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION, MALAPPURAM. 3. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.25947 of 2009 - K ------------------------------ Dated this the 15th day of September, 2009. J U D G M E N T Heard Sri.K.M.Firoz, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned standing counsel appearing for the respondents. 2. The petitioner is the registered owner of a lorry bearing registration No.KL-05 B 4600. The said vehicle was seized by the second respondent, on 9.9.2009 on the allegation that it was used to transport river sand without a valid pass. After seizure, it was produced before the first respondent. The petitioner submits that a crime has also been registered against him for the offence punishable under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. In this writ petition the petitioner challenges the proceedings initiated against him by the respondents under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. He also challenges the constitutional validity of the said enactment. The petitioner also seeks a direction to 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 W.P(C) No.25947 of 2009 - K 2 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. In such circumstances, I am of the opinion, the petitioner should move the first respondent seeking interim custody of the vehicle instead of seeking the intervention of this Court. I accordingly dispose of this writ petition with the following directions: a) 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. (b) 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 four months from today. P.N.RAVINDRAN JUDGE ab