IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 26639 of 2009(Y) -------------------------- PETITIONER(S): --------------- ANIL KUMAR K.S., AGED 41 YEARS, S/O.SADASIVAN PILLAI, KOODATHIL HOUSE, KALLOOPPARA P.O., MALLAPPALLY. BY ADV. SRI.P.HARIDAS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE TAHSILDAR, MALLAPPALLY. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ```````````````````````````````` W.P.(C) No. 26639 of 2009 Y ````````````````````````````````` Dated this the 23rd day of September, 2009 J U D G M E N T Heard Sri.P.Haridas, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a three wheeler goods vehicle bearing registration No.KL-03-L-1824. The said vehicle was seized by the second respondent on 19.09.2009, on the allegation that it was used to transport river sand without a valid pass. After seizure, the vehicle was produced before the District Collector, Pathanamthitta. The petitioner submits that though he had submitted Ext.P2 representation before the District Collector seeking interim custody of his vehicle on 21.9.2009, till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to the respondents to give interim custody of the vehicle bearing registration No.KL-03-L-1824 to him. 3. A learned Single Judge of this Court has in Subramanian Vs. State of Kerala [2009 (1) KLT 77] while upholding the constitutional validity of the Kerala Protection of River Banks and WPC.26639/09 : 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 the light of the decision of this Court in Subramanian Vs. State of Kerala, the District Collector will necessarily have to consider the request made by the petitioner in Ext.P2 for interim custody of his vehicle and pass orders thereon. I accordingly dispose of this writ petition with the following directions:- The District Collector, Pathanamthitta shall consider Ext.P2 representation submitted by the petitioner for interim custody of his vehicle and pass orders thereon within ten days from the date on which the petitioner produces a certified copy of this judgment before him. The District Collector shall also pass final orders in the proceedings initiated by him under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, within four months from today, after notice and affording the petitioner a reasonable opportunity of being heard. Sd/- (P.N. RAVINDRAN, JUDGE) aks