IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(C).No. 25357 of 2009(L) -------------------------------------- PETITIONER(S): ---------------------- ALI AKBAR, AGED 33 YEARS, S/O.MOIDEEN, VADAKKEPURAM HOUSE, BHOODANAM, CHUNGATHARA PO, NILAMBUR TALUK, MALAPPURAM DIST. BY ADV. MR.P.SAMSUDIN RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, POTHUKALLU. 4. RAFEEQUE, S/O.MOIDEEN, VADAKKEPURAM, BHOOTHANAM PO. R1 TO R3 BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 25357 of 2009-L ------------------------------ Dated this the 8th day of September, 2009. J U D G M E N T Heard Sri.P.Shamsudin, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fourth respondent. 2. The petitioner is the registered owner of a tractor bearing registration No.KL-10B-392. The petitioner states that his brother, the fourth respondent unauthorizedly used the said vehicle and transported river sand without his consent and knowledge and that in the course of such transportation, the tractor was seized by the third respondent Sub Inspector of Police. He submits that from 20.8.2009 onwards the vehicle is in the custody of the third respondent and that though nearly three weeks have been passed after his vehicle was seized, the District Collector to whom the matter has been reported, has not passed orders in the matter. In this writ petition, the petitioner inter alia seeks a direction to the respondents to release the vehicle to him. 3. The pleadings disclose that without moving the District Collector who is the competent authority to pass orders under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, the petitioner has straight away approached this Court seeking release of W.P(C) No. 25357 of 2009-L : 2 : the vehicle seized by the third respondent. 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 my opinion, in view of the authoritative pronouncement of this Court in Subramanian V. State of Kerala (Supra) the remedy of the petitioner lies in moving the District Collector. I accordingly dispose of this writ petition with a direction that in the event of the petitioner moving the District Collector, Malappuram seeking interim custody of the tractor bearing registration No.KL-10B/392, the District Collector shall consider the same and pass orders thereon with notice to the petitioner and the fourth respondent within two weeks from the date on which the petitioner moves the District Collector for interim custody. The District Collector shall also pass final orders in the proceedings initiated under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 within four months from today, after affording the petitioner and the fourth respondent a reasonable opportunity of being heard. Sd/- P.N.RAVINDRAN JUDGE //True Copy// ab PA to Judge