IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 34668 of 2009(C) -------------------------- PETITIONER(S): --------------- MR.UNNI T.V., AGED 60 YEARS, S/O.KUNHUNNI, 696 A, THOTTIVALAPPIL HOUSE, KALADI P.O., EDAPPAL, MALAPPURAM DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, KUTTIPPURAM. 3. THE SECRETARY, THAVANNOOR GRAMA PANCHAYATH (SPECIAL GRADE), AYENKULAM P.O., PONNANI TALUK. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).34668/2009 -------------------- Dated this the 2nd day of December, 2009 JUDGMENT The petitioner is the registered owner of a goods vehicle bearing registration No.KL-54-6405. The said vehicle was seized by the second respondent on 24.11.2009 on the allegation that it was used to transport river sand without a valid pass. A report was thereupon submitted to the District Collector, Malappuram. The petitioner thereafter submitted Ext.P4 representation dated 25.11.2009 seeking interim custody of his vehicle. The grievance voiced by the petitioner in this writ petition is that, till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to the respondents to release the vehicle to him by way of interim custody. 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 which is seized and produced before him, by way of W.P.(C).34668/09 2 interim custody. In such circumstances, as the petitioner has moved the District Collector in writing seeking interim custody of his vehicle, I 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 before him, grant interim custody of the vehicle to the petitioner 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 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. P.N.RAVINDRAN, Judge mrcs