IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 28853 of 2009(B) ------------------------------------ PETITIONER: ------------------ MUHAMED, S/O.KUNHIMOIDU, MUTHIRAKULAM VEEDU, KONDIPARAMBA, POONTHAVANAM, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENTS: --------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, MELATTUR THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 28853 of 2009 - B ---------------------------------------- Dated 13th October, 2009 Judgment The petitioner is the registered owner of a a goods vehicle bearing registration No.KL/10C-2403. The said vehicle was seized by the second respondent and produced before the District Collector, Malappuram on 24.9.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner submits that though he had submitted Ext.P2 application dated 5.10.2009 before the District Collector seeking interim custody of his vehicle, till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to release his vehicle to him expeditiously. 2. 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 W.P.(C) No.28853/2009 2 vehicle seized and produced before him by way of interim custody. I accordingly dispose of this writ petition with the following directions: (i) The District Collector, Malappuram shall, within one week from the date on which the petitioner produces a certified copy of this judgment, release the vehicle to him on such terms and conditions as he may deem fit to impose; (ii) The District Collector, Malappuram 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 three months from the date on which the petitioner produces a certified copy of this judgment before him after notice to and affording him a reasonable opportunity of being heard. P.N.RAVINDRAN Judge vaa