IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 26796 of 2009(T) --------------------------------------- PETITIONER(S): ---------------------- SATHI DEVI, W/O.UNNIKRISHNAN, 33 YEARS, VALIYAPARAMBIL HOUSE, NAMBULLIPURA, MUNDUR, PALAKKAD. BY ADV. SMT.T.D.RAJALAKSHMI MR.R.SREEHARI RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD. 2. THE SUB INSPECTOR OF POLICE, KONGAD POLICE STATION. R1 & R2 BY GOVERNMENT PLEADER MR.P.N. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN ==================== W.P. © No. 26796 of 2009 – T ==================== Dated 24th September, 2009 JUDGMENT The petitioner is the registered owner of a goods vehicle bearing registration No. KL/9 V - 1289. It was seized by the second respondent Sub Inspector of Police, Kongad and produced before the District Collector, Palakkad on 19.9.2009. The petitioner submits that though she had submitted Ext.P2 representation dated 20.9.2009 seeking interim custody of her vehicle, till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a writ of mandamus directing the first respondent to consider Ext.P2 representation and pass orders thereon granting interim custody of the vehicle to her. 2. A learned single Judge of this Court has in Subramanian v. State of Kerala (2009 (1) KLT 77) held that the District Collector has the power to release any vehicle seized and produced before him by way of interim W.P.(C) No. 26796/2009 -:2:- custody. In such circumstances, I am of the opinion that the District Collector is bound to pass orders in the representation for release of the vehicle by way of interim custody. In such circumstances, I dispose of this writ petition with the following directions: (i) The District Collector, Malappuram shall, within ten days from the date on which the petitioner produces a copy of this judgment, release the petitioner’s vehicle to her by way of interim custody on such terms and conditions as he may deem fit to impose; and (ii) The District Collector, Malappuram shall endeavour to pass final orders on the proceedings, if any, initiated by him under the Kerala Protection of River Banks and Regulation of Removal of River Sand Act, 2001 within three months from the date on which the petitioner produces a copy of this judgment before the District Collector after notice and affording to the petitioner a reasonable opportunity of being heard. P.N.RAVINDRAN Judge vaa