IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 29857 of 2009(B) --------------------------------------- PETITIONER(S): ---------------------- SINDHU A.S., D/O.SREEDHARAN, AGED 30 YEARS, ANAMBALAM HOUSE, KARUKUTTI, MAMBRA, ERNAKULAM DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT(S): ----------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, MALAPPURAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 29857 of 2009 -B ---------------------------------------- Dated 22nd October, 2009 Judgment Hear Sri.Babu S. Nair, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a goods vehicle bearing registration No.KL-10S/2587. The petitioner transferred the said vehicle to one Riyas, named in paragraph 1 of this writ petition. It is stated that the sale consideration has not been paid in full. While so, the said vehicle was seized by the Sub Inspector of Police and produced before the District Collector, Malappuram on the allegation that it was used to transport river sand without a valid pass. The petitioner submits that in connection with the said incident Crime No.182 of 2008 of Ponnani Police Station has also been registered by the Sub Inspector of Police, Ponnani. The petitioner submits that on coming to know of the seizure of the vehicle, she applied to the District Collector by submitting Ext.P1 W.P.(C) No.29857/2009 2 application dated 3.10.2009 seeking interim custody of his vehicle. The petitioner further submits that as the purchaser has not paid the entire sale consideration, as the registered owner, she continues to be the owner of the vehicle and that she is entitled to interim custody of the said vehicle. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the District Collector, Malappuram to grant interim custody of the vehicle to her. In the alternative, the petitioner seeks a direction to the District Collector, Malappuram to consider Ext.P1 and pass orders thereon within a time limit to be fixed by this Court. 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. However, in the instant case, the petitioner admits that though she is the registered owner, she had sold the W.P.(C) No.29857/2009 3 vehicle to another person. The said person is not in the party array. It is also not known whether the District Collector has already granted interim custody of the vehicle to the person from whom the vehicle was seized. In these circumstances, the only order that can be passed is to direct the District Collector, Malappuram to consider the request made by the petitioner in Ext.P1 with notice to the petitioner and the person from whom the vehicle was seized if the District Collector has not, till date, passed orders on the application made by the person from whom the vehicle was seized regarding interim custody and if final orders have not been passed till date in the proceedings initiated by the District Collector under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, and the Rules framed thereunder, and also to direct the District Collector to issue notice to and hear the petitioner also if final orders have not been passed till date or if interim custody has not so far been given to the person from whom the vehicle was seized while passing such orders. W.P.(C) No.29857/2009 4 I accordingly dispose of this writ petition with a direction to the District Collector, Malappuram to consider the request made by the petitioner in Ext.P1 with notice to the petitioner and the person from whom the vehicle was seized if he has not till date passed orders on the application made by the person from whom the vehicle was seized regarding interim custody and if final orders have not been passed till date 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. I also direct that if final orders have not been passed till date or if interim custody has not been given till date to the person from whom the vehicle was seized the District Collector shall issue notice to and hear the petitioner also while passing such orders. Orders on Ext.P1 shall be passed as directed above, within two weeks from the date on which the petitioner produces a certified copy of this judgment before the District Collector and final orders in the matter shall be passed, if such orders have not been passed, within two months from the date on which the petitioner W.P.(C) No.29857/2009 5 produces a certified copy of this judgment before the District Collector. If final orders have already been passed, it will be open to the petitioner to work out her remedies in other appropriate proceedings. P.N.RAVINDRAN Judge vaa