IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 30538 of 2009(J) -------------------------------------- PETITIONER(S): --------------------- VASUDEVAN, S/O.KUNJU KALLINGAL HOUSE, CHOOLANNUR,PERINGOTTUKURUSSI, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. MR.NAGARAJ NARAYANAN MR.SAIJO HASSAN MR.RAJAN VELLOTH MR.A.S.SABU MR.BENOJ C AUGUSTIN MR.PRATHAP PILLAI RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR PALAKKAD. 2. THE SUB INSEPCTOR OF POLICE ALATHUR POLICE STATION, ALATHUR, PALAKKAD DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2009, ALONG WITH WP(C) NO. 30573 OF 2009 AND WP(C) NO. 30581 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ------------------------------------------ W.P(C) Nos.30538 of 2009-J, 30573 of 2009-N & 30581 of 2009-P ------------------------------------------ Dated this the 28th day of October, 2009. J U D G M E N T Heard Sri.Nagaraj Narayanan, the learned counsel appearing for the petitioners and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioners in these writ petitions are registered owner of goods vehicles bearing registration Nos.KL-8/AL 2969, KL-9/R 1359 and KL-9/C 1575 respectively. Their vehicles were seized by the second respondent on 14.10.2009, on the allegation that they were used to transport river sand without a valid pass and produced before the District Collector, Palakkad. The petitioners submit that seeking interim custody of their vehicles they had submitted representations dated 19.10.2009 before the District Collector, Palakkad. The grievance voiced by the petitioners in these writ petitions is that till date, orders have not been passed thereon. In this writ petition, the petitioners inter alia seek a direction to the respondents to release the vehicles to them by way of interim custody. 3. 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 direct release of any vehicle which is seized and produced before him, by way of interim custody. In such circumstances, I am of the opinion that the District Collector should have considered the request made by the petitioners for interim custody of the vehicles and passed orders thereon. I accordingly dispose of this writ petition with the following directions: i) The District Collector, Palakkd shall within seven days from the date on which the petitioners produce a certified copy of this judgment pass orders granting interim custody of the vehicle to them on such terms and conditions as he may deem fit to impose. ii) 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 and the rules framed thereunder within three months from such date after affording the petitioners a reasonable opportunity of being heard. The District Collector shall pass separate orders giving reasons in support of his conclusions and shall communicate a copy thereof to the petitioners expeditiously. The contentions of the petitioners on the merits are kept open. Sd/- P.N.RAVINDRAN JUDGE ab //True Copy//