IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 34337 of 2009(J) -------------------------- PETITIONER(S): --------------- VIJAYAPRAKASH, S/O. THEVARGUPTHAN KUNNATH H0USE, SREEKRISHNAPURAM, OTTAPPALAM TALUK BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, PALAKKAD CIVIL STATION, PALAKKAD. 2. THE SUB INSPECTOR OF POLICE MANNARKAD POLICE STATION. BY GOVT. PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2009 ALONG WITH W.P.(C) No. 34396 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) Nos. 34337 & 34396 OF 2009 -------------------------- Dated this the 1st day of December, 2009 J U D G M E N T Heard Sri. R.Sreehari, the learned counsel appearing for the petitioners and Sri. P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioners are registered owners of goods vehicles. Their vehicles were seized by the second respondent on the ground that they were used to transport river sand without a valid pass. A report was thereafter submitted before the District Collector, Palakkad. The petitioners thereupon moved the District Collector seeking interim custody of their vehicles. The grievance voiced by the petitioners is that, till date, orders have not been passed thereon. In this writ petition, the petitioners seek a writ in the nature of mandamus commanding the first respondent to consider their applications and pass orders thereon granting interim custody of their respective vehicles to them expeditiously. 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 W.P.(C) No. 34337 & 34396/09 2 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 dispose of these writ petitions with the following directions. (i) The District Collector, Palakkad, shall, within 7 days from the date on which the petitioners produce a certified copy of this judgment before him, issue orders granting interim custody of the vehicles to them 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 within two months from such date, after notice to and affording the petitioners, a reasonable opportunity of being heard. The District Collector shall after final orders are passed, communicate a copy thereof to the petitioners expeditiously. The contentions of the petitioners on the merits are kept open. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 34337 & 34396/09 3