IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 31786 of 2009(P) --------------------------------------- PETITIONER(S): ---------------------- JOSHI, S/O.KRISHNAN, AGED 30, RESIDING AT CHANAYIL HOUSE, PORKULAM POST, THRISSUR. BY ADV. MR.HARISH R. MENON MR.K.T.SHYAMKUMAR RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, THRISSUR DISTRICT, THRISSUR. 2. THE CIRCLE INSPECTOR OF POLICE, KUNNAMKULAM CIRCLE INSPECTOR OFFICE, KUNNAMKULAM, THRISSUR DISTRICT. 3. THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, KUNNAMKULAM, THRISSUR DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 31786 of 2009 - P ---------------------------------------- Dated 6th November, 2009 Judgment Heard Sri.Harish R. Menon, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a goods vehicle bearing registration No. KL/48 - 1956. The said vehicle was seized by the Police and produced before the District Collector, Thrissur on 4.11.2009 on the allegation that it was used to transport river sand without a valid pass. According to the petitioner, the sand carried in the vehicle was not river sand, but ordinary sand covered by Ext.P3 pass. In this writ petition, the petitioner challenges the seizure of his vehicle and the proceedings initiated against him and his vehicle. He seeks a direction to the respondents to pass final orders in the proceedings initiated by them. He also seeks interim custody of the vehicle pending such determination. 2. The pleadings disclose that the petitioner has not till date moved the District Collector seeking interim custody of his W.P.(C) No.31786/2009 2 vehicle. 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. In such circumstances, the petitioner ought to have moved the District Collector in writing seeking interim custody of his vehicle instead of moving this Court. I accordingly dispose of this writ petition with the following directions: (i) The District Collector, Thrissur shall, within one week from the date on which the petitioner files a petition seeking interim custody of his vehicle, pass orders thereon 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, Thrissur 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 W.P.(C) No.31786/2009 3 event, within two months from 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; and (iii) The District Collector, Thrissur shall after orders are passed, communicate a copy of the order to the petitioner. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN Judge vaa