IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 31721 of 2009(I) -------------------------- PETITIONER(S): --------------- S.SAJI, AGED 30 YEARS,S/O.SATHYADEVAN, RESIDING AT VATTAVILA VEEDU, NEDUNGOLAM P.O.,PARAVUR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR,KOLLAM. 2. TH SUB INSPECTOR OF POLICE, PARAVUR,KOLLAM. BY GOVT. PLEADER SRI. M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.31721/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE AGREEMENT IN RESPECT OF THE TIPPER AND JCB BEARING REG. NO. KL-19-1378 AND JCB EARTHE REMOVER BEARING REG. NO.KL-39-A-2003. EXT.P2: COPY OF THE PURCHASE BILL OF THE SAND IN PUBLIC AUCTION BY THE FATHER OF THE PETITIONER EXT.P3: COPIES OF THE EARLIER USED TRANSPORTING PASSES ISSUED BY THE VILLAGE OFFICER FOR TRANSPORTING THE SAND COVERED BY EXT.P2 EXT.P4: COPY OF THE SANCTION LETTER ISSUED BY THE CONCERNED GRAMA PANCHAYAT FOR THE CONSTRUCTION OF THE WIRE CUT UNIT. EXT.P5: COPY OF THE REPRESENTATION ALONG WITH CURRIER RECEIPT SHOWING ITS DISPATCH PA TO JUDGE TRUE COPY P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 31721 OF 2009 -------------------------- Dated this the 10th day of November, 2009 J U D G M E N T Heard Sri. V.Venugopalan Nair, the learned counsel appearing for the petitioner and Sri. M.A.Asif, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a goods vehicle bearing registration No.KL-19-1378. The said vehicle was seized by the second respondent on 30.10.2009 and produced before the District Collector, Kollam on the allegation that it was used to transport river sand without a valid pass. The petitioner submits that though he had submitted Ext.P5 representation dated 3.11.2009 before the District Collector, Kollam, seeking interim custody of the vehicle, till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to release the vehicle to him by way of interim custody. 3. Sri. M.A.Asif, the learned Government Pleader, on instructions submits that the vehicle was used to transport river sand without a valid pass. The contention of the petitioner is that the W.P.(C) No. 31721/09 2 sand transported in his vehicle was covered by Ext.P4 pass and that it was purchased in the auction sale conducted by the Tahsildar. 4. In my opinion. this is a matter which the District Collector should consider while passing orders on Ext.P5. I accordingly dispose of this writ petition with a direction to the District Collector, Kollam, to consider the request made by the petitioner in Ext.P5 representation having regard to the pass evidenced by Ext.P4 and pass orders thereon expeditiously and in any event within one week from the date on which the petitioner produces a certified copy of this judgment before him. The District Collector shall also pass final orders in the proceedings initiated by him under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, within two months from such date. The contentions of the petitioner on the merits are kept open. It will be open to the petitioner to supplement Ext.P5 by filing an additional representation and produce along with it documents in support of his claim. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 31721/09 3