IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 28584 of 2009(P) --------------------------------------- PETITIONER(S): ---------------------- MADHU.K, S/O.KRISHNAN, 32 YEARS, KAVATHU HOUSE, ERATTAKULAM P.O., KAVASSERY I VILLAGE, ALATHUR TALUK, PALAKKAD DIST., (RC OWNER -KL-49/4508). BY ADV. MR.SHOBY K.FRANCIS RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. SUB INSPECTOR OF POLICE, PAZHAYANNUR POLICE STATION, PAZHAYANNUR, THRISSUR DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.28584 of 2009 - P ---------------------------------------- Dated 9th October, 2009 Judgment Heard Sri.Shoby K. Francise, 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-49/4508. The said vehicle was seized by the second respondent and produced before the District Collector, Thrissur on 6.10.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereafter moved the first respondent District Collector by submitting Ext.P2 representation dated 7.10.2009 seeking interim custody of his vehicle. The petitioner's grievance is that till date, the District Collector has not passed orders on Ext.P2. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to release the said vehicle to him by way of interim custody. W.P.(C) No.28584/2009 2 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 vehicle seized and produced before him by way of interim custody. In such circumstances, the District Collector ought to have considered Ext.P2 and passed orders thereon. 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 produces a certified copy of this judgment before him, release the vehicle described in Ext.P1 registration certificate to the petitioner by way of interim custody subject to such terms and conditions as he may deem fit to impose; (ii) The District Collector, Thrissur shall pass final orders in the proceedings, if any, initiated by him under the Kerala Protection of River Banks and Regulation of Removal of Sand W.P.(C) No.28584/2009 3 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 the petitioner a reasonable opportunity of being heard. The District Collector shall, after orders are passed as directed above, communicate a copy thereof to the petitioner. The petitioner's contentions on the merits are kept open. P.N.RAVINDRAN Judge vaa