IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 28948 of 2009(K) ------------------------------------- PETITIONER(S): ------------------------ SHERIEF, S/O.SHAHUL HAMEED, 523/3, KALATHIL HOUSE, PUNNAPADAM, ELAVAMPADAM P.O., KIZHAKKENCHERRY. BY ADVS.MR.NAGARAJ NARAYANAN MR.SAIJO HASSAN MR.RAJAN VELLOTH MR.A.S.SABU MR.RAFEEK. V.K. MR.BENOJ C AUGUSTIN MR.PRATHAP PILLAI RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE SUB INSPECTOR OF POLICE, ALATUR POLICE STATION, ALATHUR, PALAKKAD DISTRICT. R1 & R2 BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J ........................................... WP(C).NO. 28948 OF 2009 ............................................ DATED THIS THE 14TH DAY OF OCTOBER, 2009 JUDGMENT The petitioner is the registered owner of a goods vehicle bearing registration No.KL.7/AC.8210. The said vehicle was seized by the second respondent and produced before the District Collector, Palakkad on 1.5.2009 on the allegation that it was used to transport river sand without a valid permit. The petitioner submits that though he had submitted Ext.P2 application dated 8.10.2009 before the District Collector, Palakkad seeking interim custody of the vehicle, orders have not been passed thereon. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the District Collector, Palakkad to pass orders on Ext.P2 petition and to grant him interim custody of the vehicle. 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 Wpc 28948/2009 2 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 that the District Collector should have considered the request made by the petitioner for interim custody of the vehicle and passed orders thereon. I accordingly dispose of this writ petition with the following directions: i) The District Collector, Palakkad shall within seven days from the date on which the petitioner produces a certified copy of this judgment pass orders granting interim custody of the vehicle to the petitioner on such terms and conditions as he may deem fit to impose. 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 such date, after affording the petitioner and the registered owner a reasonable opportunity of being heard. The District Collector shall pass an Wpc 28948/2009 3 order giving reasons in support of his conclusions and shall communicate a copy thereof to the petitioner expeditiously. P.N.RAVINDRAN, JUDGE lgk