IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 31776 of 2009(N) -------------------------- PETITIONER(S): --------------- SHAMSUDIN, AGED 38 YEARS, S/O. POOVANTHURUTHI MOHAMMED, OTHUKKUNGAL, KOTTAKKAL VIA, THIRURANGADI TALUK, MALAPPURAM DISTRICT BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, MALAPPURAM. BY GOVT. PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 31776 OF 2009 -------------------------- Dated this the 9th day of November, 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 the respondents. 2. The petitioner is the owner of a goods vehicle bearing registration No.KL-7/A 8561. The vehicle belonged to Sri.Poolakkal Ahammedkutty from whom the petitioner purchased it as per Ext.P2 agreement dated 16.5.2009. The said vehicle was seized by the third respondent 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 though he had submitted Ext.P3 petition before the District Collector 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 second respondent to consider Ext.P3 petition and pass orders thereon granting interim custody of the vehicle to him 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 W.P.(C) No. 31776/09 2 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 District Collector should have considered Ext.P3 petition and passed orders thereon expeditiously. I accordingly dispose of this writ petition with the following directions. (i) The District Collector, Malappuram, shall, within 7 days from the date on which the petitioner produces a certified copy of this judgment, issue orders granting interim custody of the vehicle to the petitioner on such terms and conditions as he may deem fit to impose. (ii) The District Collector, Malappuram, shall pass final orders in the proceedings initiated by him within three months from such date, after notice to and affording the petitioner, a reasonable opportunity of being heard. The District Collector, Malappuram, shall after final orders are passed, communicate a copy thereof to the petitioner expeditiously. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, JUDGE vps