IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 26237 of 2009(Y) -------------------------- PETITIONER: --------------- SHAIJU, THACHAT HOUSE, DURGA NIVAS, BEPORE P.O., KOZHIKODE. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE SUB INSPECTOR OF POLICE, MARAD BEACH, KOZHIKODE. BY GOVT.PLEADER SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26237 OF 2009 -------------------------- Dated this the 17th day of September, 2009 J U D G M E N T Heard Sri.O.D.Sivadas, the learned counsel appearing for the petitioner and Sri. P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is the owner of a goods carriage bearing registration No.KL13/M 7694. The registered owner of the said vehicle is Sri. Vasu. The said vehicle was repossessed by the financier who sold it in auction to realise the monies due from the registered owner. The petitioner submits that he purchased it from the financier in the auction. The petitioner submits that the said vehicle was seized by the second respondent on 10.9.2009 and produced before the District Collector, Kozhikode on the allegation that it was used to transport river sand without a valid pass. In this writ petition the petitioner challenges the seizure of his vehicle and the proceedings initiated against him under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. He also challenges the constitutional validity of Section 23 of the said Act. In W.P.(C) No. 26237/09 2 the alternative, the petitioner seeks a writ in the nature of mandamus commanding the respondents to release his vehicle by way of interim custody, expeditiously. 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 petitioner should move the District Collector seeking interim custody of his vehicle instead of seeking the intervention of this Court. I accordingly dispose of this writ petition with the following directions. (a) The District Collector, Kozhikode, shall, in the event of the petitioner filing a petition before him seeking interim custody of the vehicle, issue orders thereon within 7 days therefrom granting interim custody of the vehicle to the petitioner on such terms and conditions as he deems fit to impose. The petitioner shall hold the vehicle under interim custody subject to the final orders to be passed in the W.P.(C) No. 26237/09 3 proceedings initiated against him under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The petitioner shall not transfer or otherwise dispose of the vehicle and shall keep it in good repair. He shall also not use it to transport river sand except where the sand transported is covered by a valid pass. (b) The District Collector, Kozhikode, 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, with notice to the petitioner and after affording him a reasonable opportunity of being heard, within four months from today. P.N.RAVINDRAN, JUDGE vps