IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 32452 of 2009(B) ---------------------------------------- PETITIONER(S): ------------------------- K.P.USMAN, S/O.ABOOBACKER, KOLAKKATTU PARAMBIL HOUSE, THRIKKANAPURAM P.O., THAVANUR, MALAPPURAM DISTRICT, (OWNER OF VEHICLE BEARING REG.NO.KL-10-R/7671). BY ADVS. MR.P.VIJAYA BHANU, MR.P.VENUGOPAL. RESPONDENT(S): ---------------------------- 1. SUB INSPECTOR OF POLICE, KUTTIPPURAM, MALAPPURAM DISTRICT. 2. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. R1 & R2 BY SR. GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009 ALONG WITH WPC.NO.32471 OF 2009 AND WPC. NO.32480 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN,J. ----------------------------------------------------------- W.P.(C) Nos.32452, 32471 & 32480 of 2009 ----------------------------------------------------------- Dated 13th November, 2009 Judgment The petitioners in these writ petitions are registered owners/owner of goods vehicles. Their vehicles were seized by the Police and produced before the District Collectors at Malappuram and Kozhikode on the allegation that they were used to transport river sand without a valid pass. The petitioners thereupon submitted petitions before the District Collector concerned seeking interim custody of their vehicle. The grievance voiced by the petitioners is that till date, orders have not been passed thereon. In these writ petitions, the petitioners seek a writ in the nature of mandamus directing the respondents to release the vehicles to them 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, W.P.(C) No.32452, 32471 & 32480, /2009 2 held that the District Collector has the power to release any vehicle seized and produced before him by way of interim custody. I accordingly dispose of these writ petitions with the following directions: (i) The District Collector, Malappruam/Palakkad as the case may be shall, within one week from the date on which the petitioners produce a certified copy of this judgment before them, release the vehicles to the respective petitioners by way of interim custody on such terms and conditions as they may deem fit to impose; (ii) The District Collector, Malappuram/Palakkad as the case may be 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 petitioners produce a certified copy of this judgment before them after notice to and affording the registered owners/petitioners a reasonable opportunity of being heard. P.N.RAVINDRAN Judge vaa