IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 13279 of 2009(D) -------------------------------------- PETITIONER(S): ---------------------- SHAJI.K.K., S/O. MAMMI HAJI, KDUNGAKUNNATH HOUSE, KALADY, MANOOR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, MALAPURAM. 2. THE SUB INSPECTOR OF POLICE, KUTTIPURAM POLICE STATION KUTTIPURAM, MALAPPURAM DIST. 3. THE SECRETARY, THAVANOOR, GRAMA PANCHAYATH, MALAPPURAM DIST. BY GOVT. PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------------------------------- Writ Petition (C) No.13279 of 2009-D ------------------------------------------------- Dated 21st May 2009 Judgment The petitioner is the registered owner of a vehicle which was seized by the second respondent while loading sand. He contends, the seizure is illegal as the transportation of sand was authorised by a pass issued by the third respondent. A crime has been registered under the provisions of the Kerala Protection of River banks and Regulation of Removal of Sand Act, 2001. Though the petitioner moved the learned Magistrate for release of the vehicle, the same has been rejected by Ext.P5. 2. It is the District Collector who acts in the matter of release of vehicles which are seized as per the provisions of the Sand Act. The parameter of the power exercised by the District Collector, has been considered by this court in Alavi v. District Collector (2007(4) KLT 473) and Moosakoya v. State of Kerala (2008(1) KLT 538). This court again in Subramanian v. State of Kerala (2009 (1) KLT 77), following the decisions of this court, held that it is open to the District Collector to pass orders regarding WPC 13279/09 -2- release of the vehicles. Such a power has been held to be quasi- judicial in character. The District Collector is to pass orders on the applications for release of the vehicles on interim custody subject to conditions. The Writ Petition is disposed of directing the District Collector to deal with the petitioner's request for release of the vehicle in the light of the directions issued in Subramanian v. State of Kerala (supra). If the District Collector feels that a detailed enquiry has to be conducted, then, he shall pass orders in the matter of release of the vehicle on interim custody subject to the conditions as mentioned in the aforementioned decision within two weeks from the date of receipt of a copy of this judgment. I make it clear that it is up to the District Collector to consider the request for release of the vehicle. I further make it clear that this court has not expressed any opinion on the merits of the petitioner's claim. V.GIRI,JUDGE sta