IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 WP(C).No. 36334 of 2009(J) -------------------------- PETITIONER(S): --------------- ABU THAHIR, S/O.P.K.KUNHALIKUTTY, PANDIKADAVATHU VEEDU, OORAKAM MELMURI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.M.T.SHEEBA RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, VENGARA POLICE STATION, MALAPPURAM DISTRICT. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).36334/2009 -------------------- Dated this the 16th day of December, 2009 JUDGMENT The petitioner is the registered owner of a goods vehicle bearing registration No.KL-10AA/4172. The said vehicle was seized by the second respondent on 2.10.2009 on the allegation that it was used to transport river sand without a valid pass. A report was thereupon submitted to the District Collector, Malappuram. The petitioner therafter moved the District Collector by filing an application dated 10.10.2009 seeking interim custody of his vehicle. He thereafter filed W.P.(C).No.30549 of 2009 in this Court. By Ext.P1 judgment delivered on 28.10.2009, this Court disposed of the said writ petition with a direction to the District Collector to pass orders granting interim custody of the vehicle to the petitioner on such terms and conditions as he may deed fit to impose. The District Collector was also directed to pass final orders within three months from the date of production of a certified copy of the judgment. The District Collector accordingly considered the petitioner's application for interim custody and passed Ext.P2 order granting interim custody of W.P.(C).36334/09 2 the vehicle to the petitioner on the terms and conditions stipulated therein. One among the conditions is that the petitioner should produce a demand draft drawn in favour of the District Collector, Malappuram for the sum of Rs.70,000/-. The said stipulation is under challenge in this writ petition. The petitioner contends that the conditions imposed by the District Collector in Ext.P2 for granting interim custody are onerous. 2. I have considered the submissions made at the Bar by the learned counsel appearing for the petitioner. This Court had by Ext.P1 judgment delivered on 28.10.2009 directed the District Collector to 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 within three months from the date on which the petitioner produces a certified copy of the judgment before the District Collector. The petitioner produced a certified copy of the judgment before the District Collector on 12.11.2009. Therefore the District Collector will have to pass final orders in the proceedings initiated by him W.P.(C).36334/09 3 within three months from that date. More than one month has passed after this Court passed Ext.P1 judgment. In such circumstances, I am of the opinion that if the petitioner is not interested in taking interim custody of the vehicle, he can await the final order to be passed by the District Collector. Further the conditions stipulated by the District Collector in Ext.P2 cannot be said to be onerous. In such circumstances, I am not inclined to entertain this writ petition. This writ petition fails and is accordingly dismissed. The District Collector shall pass final orders within the time limit stipulated by this Court in Ext.P1 judgment. P.N.RAVINDRAN, Judge mrcs