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. 26525 of 2009(I) ---------------------------------------- PETITIONER(S): ------------------------ PRAKASAN K.M., AGED 36 YEARS, S/O.MADURAN, KARAPARAMBU HOUSE, VADAVANNOOR P.O., PALAKKAD DISTRICT. BY ADV. MR.NIREESH MATHEW RESPONDENT(S): --------------------------- 1. THE SUB INSPECTOR OF POLICE, PUTHUNAGARAM POLICE STATION, PALAKKAD. 2. THE DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD. 3. THE DISTRICT COLLECTOR, PALAKKAD. BY SR. GOVERNMENT PLEADER MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2009 ALONG WITH WPC NO. 26530 OF 2009 AND WPC NO. 26531 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) Nos.26525 of 2009-I, 26530 of 2009-I & 26531 of 2009-J ------------------------------ Dated this the 29th day of September, 2009. J U D G M E N T Heard Sri.M.G.Karthikeyan, the learned counsel appearing for the petitioners and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioners in these writ petitions are registered owners of tipper lorries. Their vehicles were seized by the Sub Inspector of Police, Puthunagaram Police Station on 11.9.2009 and produced before the District Collector, Palakkad, on the allegation that the said vehicles were used to transport red soil for filling up paddy lands without the requisite pass/permit issued under the Kerala Conservation of Paddy Land and Wet Land Act 2007. The petitioners submit that though they had submitted Ext.P1 application dated 14.9.2009 before the District Collector, Palakkad seeking interim custody of their vehicles, till date orders have not been passed thereon. 3. The learned Government Pleader appearing for the respondents submits that under Section 13 of the Kerala Conservation of Paddy Land and Wet Land Act 2007, the District Collector is the competent authority to pass orders in the matter. He submits that the District Collector will hear the petitioners and pass final orders in the W.P(C) Nos.26525 of 2009-I, 26530 of 2009-I & 26531 of 2009-J 2 matter and that the District Collector will also pass orders regarding interim custody of the vehicles expeditiously. In such circumstances, I dispose of these writ petitions with a direction to the District Collector, Palakkad to pass final orders in the proceedings initiated against the petitioners, expeditiously and in any event within two months from the date on which the petitioners produce a certified copy of the judgment before him, with notice to the petitioners. The petitioners shall also be afforded a reasonable opportunity of being heard. It will open to the petitioners to move the District Collector seeking interim custody of their vehicles. I also direct that if the petitioners submit representations seeking interim custody of their vehicles, the District Collector shall pass orders therein within one week from the date on which representations are received from the petitioners. The District Collector shall in the event of the petitioners seeking interim custody of their vehicles, grant interim custody on such terms and conditions as he may deem fit to impose. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab W.P(C) Nos.26525 of 2009-I, 26530 of 2009-I & 26531 of 2009-J 3