IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 27289 of 2009(E) -------------------------- PETITIONER(S): --------------- K.SHAMSUDHEEN, VARITHODE HOUSE, PUTHIYAPALAM, OLAVAKKODE POST, PALAKKAD. BY ADV. SRI.K.ANAND RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, HEMAMBIKA POLICE STATION, PALAKKAD DISTRICT. BY SR.GOVT. PLEADER SRI.P.N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 27289 OF 2009 -------------------------- Dated this the 29th day of September, 2009 J U D G M E N T Heard Sri. K.Anand, 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 an autorickshaw bearing registration No. KL 09M 8190. The said vehicle was seized by the second respondent on 27.8.2009 on the ground that it was used to transport river sand without a valid pass. After such seizure, the vehicle was produced before the District Collector, Palakkad. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the first respondent to grant him interim custody of the vehicle, 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 W.P.(C) No. 27289/09 2 seized and produced before him by way of interim custody. From the pleadings, it is evident that the petitioner has not moved the District Collector in writing seeking interim custody of his vehicle. In such circumstances, I am of the opinion that the petitioner should move the District Collector in writing seeking interim custody of his vehicle. I accordingly dispose of this writ petition with a direction that in the event of the petitioner moving an appropriate petition before the District Collector, Palakkad, seeking interim custody of his vehicle, the District Collector shall grant interim custody of the vehicle to the petitioner on such terms and conditions as he may deem fit to impose. This shall be done within 10 days from the date on which the petitioner moves an application in that regard. The District Collector, Palakkad, shall also finalise the proceedings initiated against the petitioner expeditiously and in any event within three months from today, after notice to and affording him a reasonable opportunity of being heard. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 27289/09 3