IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 26323 of 2009(I) -------------------------- PETITIONER(S): --------------- 1. RAGHAVAN.A., S/O. ARUMUGHAN, CHORAMKULAM, CHITTILAMCHERRY AMSOM, ALATHUR TALUK, PALAKKAD. 2. KRISHNAN, S/O. KANDAN, IDIYAMPOTTA, NEMMARA VILLAGE, NEMMARA PANCHAYATH PALAKKAD. BY ADV. SRI.H.BADARUDDIN RESPONDENT(S): --------------- 1. THE STATION HOUSE OFFICER, ALATHUR POLICE STATION PALAKKAD. 2. THE DISTRICT COLLECTOR, PALAKKAD. SR. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26323 OF 2009 -------------------------- Dated this the 1st day of October, 2009 J U D G M E N T Heard Sri. H.Badruddin, the learned counsel appearing for the petitioners and Sri. P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The first petitioner is the registered owner of a tractor bearing registration No.KL9/C-9577. The second petitioner is his power of attorney holder, who is in possession of the said vehicle and is using it under the terms of agreement entered into between him and the first petitioner. The said vehicle was seized by the Additional Sub Inspector of Police, Alathur, and produced before the District Collector, Palakkad, on the allegation that it was used to transport river sand without a valid pass. The grievance voiced by the petitioners in this writ petition is that though the first petitioner had requested the District Collector to order release of the vehicle to him by way of interim custody, till date, the said request has not been granted. In this writ petition the petitioners seek a direction to the respondents to release the tractor together with the load of sand carried in the trailer attached to it to them. 3. A learned Single Judge of this Court has in Subramanian v. State of Kerala (2009 (1) KLT 77) while upholding the constitutional W.P.(C) No. 26323/09 2 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 direct release of any vehicle which is seized and produced before him by way of interim custody. It is evident from the pleadings that the petitioners have not moved the District Collector seeking interim custody of the vehicle. In my opinion, the petitioners ought to have moved the District Collector instead of seeking the intervention of this Court at this stage. I accordingly dispose of this writ petition with the following directions. (a) The District Collector, Palakkad, shall, in the event of the petitioners filing a petition before him seeking interim custody of the vehicle, issue orders thereon within 10 days therefrom granting interim custody of the vehicle to the petitioners on such terms and conditions as he may deem fit to impose. (b) 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, with notice to the petitioners and after affording them a reasonable opportunity of being heard, within three months from such date. The contentions of the petitioners on the merits are kept open. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 26323/09 3