IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WP(C).No. 31598 of 2009(T) -------------------------- PETITIONER(S): --------------- V.VIJAYAKUMAR, S/O. VASUDEVAN NAIR AGED 37 YEARS, 6/85 A, VIJAYAVILASAM, TIRUNANDIKARA, KULASEKHARAM, KALKULAM TALUK KANYAKUMARI DISTRICT, TAMIL NADU. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE SUPERINTENDENT OF POLICE, PALAKKAD. 3. THE SUB INSPECTOR OF POLICE KASBA POLICE STATION, PALAKKAD DISTRICT. BY GOVT. PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31598/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REGISTRATION CERTIFICATE ISSUED TO THE PETITIONER IN RESPECT OF THE VEHICLE BEARING REGISTRATION NO.TN. 75A 7590. P2:- COPY OF THE INVOICE DTD. 28.10.09. P3:- COPY OF THE DELIVERY NOTE DT. 28.10.09. P4:- COPY OF THE APPLICATION DTD. 4.11.09 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. TRUE COPY P.S. TO JUDGE tss P.N. RAVINDRAN, J. - - - - - - - - - - - - - - - - - - - W.P.(C) No.31598 of 2009 – T - - - - - - - - - - - - - - - - - - - - - Dated 16th November, 2009. Judgment The petitioner is the registered owner of a goods vehicle bearing registration No.TN/75A 7590. The said vehicle was seized by the third respondent on 29.10.2009 on the allegation that it was used to transport river sand without a valid pass. A report was thereupon submitted to the District Collector for initiating proceedings under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules framed thereunder. This writ petition is field contending that the river sand carried in the petitioner’s vehicle was sand purchased from the State of Tamilnadu and not river sand mined from the rivers in the State of Kerala and therefore the District Collector is not competent to initiate any action under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules framed thereunder. 2. The learned Government Pleader submits on instructions that proceedings have been initiated against the petitioner’s vehicle under the Kerala Protection of River Banks and Regulation of Removal of W.P.(C) No.31598/2009 2 Sand Act, 2001 and the Rules framed thereunder and that it is open to the petitioner to move the District Collector seeking interim custody of his vehicle. 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 release any vehicle seized and produced before him by way of interim custody. The pleadings disclose that seeking interim custody of his vehicle, the petitioner has filed Ext.P4 representation dated 4.11.2009 before the District Collector. In such circumstances, I dispose of this writ petition with the following directions: (i) The District Collector, Palakkad shall, within one week from the date on which the petitioner produces a certified copy of this judgment before him, release the vehicle to the petitioner on such terms and conditions as he may deem fit to impose; (ii) The District Collector, Palakkad 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 two months from W.P.(C) No.31598/2009 3 the date on which the petitioner produces a certified copy of this judgment before him after notice to and affording the petitioner a reasonable opportunity of being heard. The petitioner's contentions on the merits are kept open. P.N. RAVINDRAN Judge vaa