IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 33452 of 2009(B) -------------------------- PETITIONER: --------------- MINI REGHU, W/O.REGHU, RESIDING AT THAREPARAMBIL HOUSE, VELLOOR, MEVELLOOR P.O., VAIKOM, KOTTAYAM DISTRICT. BY ADV. MR. T.RAJASEKHARAN NAIR MR. RAJESH P.NAIR RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 2. THE SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION, VAIKOM, KOTTAYAM DISTRICT. BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ P.N.RAVINDRAN, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 33452 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 20th day of November 2009. JUDGMENT The petitioner is the registered owner of a goods vehicle bearing registration No.KL-36-8389. The said vehicle was seized by the second respondent on 11.11.2009 on the allegation that it was used to transport river sand without a valid pass. A report was thereafter submitted to the District Collector, Kottayam. The petitioner thereupon submitted Ext.P5 representation dated 12.11.2009 before the District Collector seeking interim custody of his vehicle. The grievance voiced by the petitioner 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 seized 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 seized and produced before him, by way of interim custody. In such circumstances, as the petitioner has moved the District W.P.(C). No. 33452 OF 2009 2 Collector in writing seeking interim custody of his vehicle, I dispose of this writ petition with the following directions: (i) The District Collector, Kottayam 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, Kottayam 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 kkms/