IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 26390 of 2009(P) ----------------------------------------- PETITIONER(S): -------------------------- BASKAR.S.E., S/O.A.EDRAJ, AGED 32 YEARS, 8.GENGU REDDY ROAD, EGMORE, CHENNAI, TAMIL NADU, PIN-600 008. BY ADVS. MR.BABU JOSEPH KURUVATHAZHA, MR.K.I.SAGEER. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF HOME AFFAIRS, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, THRISSUR. 3. THE SUB INSPECTOR OF POLICE, VARANTHARAPPALLY POLICE STATION, THRISSUR DISTRICT. 4. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. R1 TO R4 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.26390 of 2009-P ------------------------------ Dated this the 18th day of September, 2009. J U D G M E N T Heard Sri.Babu Joseph Kuruvathaza, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of good vehicle bearing registration No.TN-AC 8736. While the said vehicle was transporting the river sand from the state of Tamil Nadu to Thrissur, it was seized by the Sub Inspector of Police on the allegation that it was used to transport river sand without a valid permit issued under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The vehicle was seized on 15.9.2009. After the seizure it was produced before the District Collector, Thrissur. The petitioner thereafter submitted Ext.P9 representation dated 16.9.2009 before the District Collector seeking interim custody of his vehicle. In this writ petition the petitioner seeks a writ in the nature of mandamus commanding the respondents to release the vehicle to him. In the alternative, he seeks a direction to the fourth respondent to consider the request made in Ext.P9 representation and pass orders thereon. 3. A learned Single Judge of this Court has in Subramanian V. W.P(C) No.26390 of 2009-P 2 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 seized and produced before him, by way of interim custody. In my opinion, since the petitioner has already moved the District Collector seeking interim custody of his vehicle, the District Collector is bound to take a decision thereon expeditiously. I accordingly dispose of this writ petition with a direction to the District Collector, Thrissur to consider the request made by the petitioner in Ext.P9 representation for interim custody of his vehicle bearing registration No.TN-AC 8736 and pass orders thereon within two weeks 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 matter, within three months from the said date, after affording the petitioner a reasonable opportunity of being heard. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN JUDGE ab W.P(C) No.26390 of 2009-P 3