IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 WP(C).No. 36292 of 2009(F) -------------------------- PETITIONER(S): --------------------- ANWAR SADIK.K,S/O.ABDU RAHIMAN, KANNATHUMPARA HOUSE,CHERUVAYOOR,MALAPPURAM DIST. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,KOZHIKODE. 2. THE SUB INSPECTOR OF POLICE, MAVOOR POLICE STATION,KOZHIKODE DISTRICT. BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).36292/2009 -------------------- Dated this the 16th day of December, 2009 JUDGMENT The petitioner is the registered owner of a goods vehicle bearing registration No.KL-08/9856, which was seized by the Sub Inspector of Police, Mavoor Police station on the allegation that it was used to transport river sand without a valid pass. A report was thereafter submitted to the District Collector, Kozhikode. The petitioner thereupon filed Ext.P1 representation before the District Collector seeking interim custody of the 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 interim W.P.(C).36292/09 :: 2 :: 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, Kozhikode, 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 him on such terms and conditions as he may deem fit. The District Collector shall inter alia stipulate that if after such interim custody is granted the vehicle is involved in a similar offence, it will be liable for immediate seizure in which event it shall not be released until the proceedings already initiated or to be initiated are finalized and subject to the terms and stipulations in the final order. (ii). 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 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 W.P.(C).36292/09 :: 3 :: opportunity of being heard. The District Collector shall after orders are passed, communicate a copy thereof to the petitioner. Sd/- P.N.RAVINDRAN, Judge mrcs true copy P.A. To Judge.