IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 29913 of 2009(H) --------------------------------------- PETITIONER(S): ---------------------- SAMEER V.P., S/O.BEERANKUTTY, AGED 22 YEARS, VELANJHIPULAN HOUSE, VATTALLUR P.O., KARUVA VILLAGE, MALAPPURAM DIST. (OWNER KL-53/1558). BY ADV. MR.SHOBY K.FRANCIS RESPONDENT(S): ----------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 2. CIRCLE INSPECTOR, PERINTHALMANNA CIRCLE OFFICE, PERINTHALMANNA, MLP 3. SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION, KOLATHUR P.O., MALAPPURAM DISTRICT. R1 TO R3 BY SR. GOVERNMENT PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 29913 of 2009 - H ---------------------------------------- Dated 22nd October, 2009 Judgment Heard Shri Shoby K. Francise, the learned counsel appearing for the petitioner and Shri P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner is the owner of a goods vehicle bearing registration No. KL-53/1558. The said vehicle was seized by the Circle Inspector of Police, Perintalmanna and produced before the District Collector, Malappuram through the third respondent Sub Inspector of Police on 18.10.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner submits that though he had submitted Ext.P2 representation before the District Collector on 19.10.2009, till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a writ in the nature of mandamus directing the respondents to grant interim custody of the vehicle to him. W.P.(C) No.29913/2009 2 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 produced before him by way of interim custody. I accordingly dispose of this writ petition with the following directions: (i) The District Collector, Malappauram shall, within one week from the date on which the petitioner produces a certified copy of this judgment before him, release the vehicle to him 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 three months from the date on which the petitioner produces a certified copy of this judgment before W.P.(C) No.29913/2009 3 him after notice to and affording the petitioner and the registered owner a reasonable opportunity of being heard. P.N.RAVINDRAN Judge vaa