IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 27693 of 2009(F) ----------------------------------------- PETITIONER(S): ------------------------- SHAMEER P, S/O. MUHAMMEDALI, AGED 26 YEARS, PARIYARATH HOUSE, VALANCHERY P.O., MALAPPURAM DIST. (RC OWNER KL-05 A-5307) BY ADV. MR.SHOBY K.FRANCIS RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 2. CIRCLE INSPECTOR OF POLICE, VALANCHERY CIRCLE OFFICE, VALANCHERY. 3. SUB INSPECTOR OF POLICE, VALANCHERY POLICE STATION, VALANCHERY, MALAPPURAM DISTRICT. R1 TO R3 BY SR. GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 27693 of 2009 - F ---------------------------------------- Dated 1st October, 2009 Judgment The petitioner is the registered owner of a goods vehicle bearing registration No.KL/05-A 5307. The said vehicle was seized by the second respondent Circle Inspector of Police and produced before the District Collector, Malappuram on 23.6.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereupon submitted Ext.P2 application seeking interim custody of his vehicle. In this writ petition, the petitioner seeks a direction to the respondents to release the vehicle described in Ext.P1 registration certificate to him 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, held that the District Collector has the power to release any vehicle seized and produced before him, by way of interim custody. In view of the fact that the petitioner has already moved the District Collector, Malappuram by W.P.(C) No.27693/2009 2 submitting an application, I am of the opinion that the District Collector should pass orders thereon expeditiously. I accordingly dispose of this writ petition with the following directions: (i) The District Collector, Malappuram shall, within one week from the date on which the petitioner produces a certified copy of this judgment before him, release the vehicle described in Ext.P1 registration certificate to the petitioner on such terms and conditions as he may deem fit to impose; (ii) The District Collector, Malappuram 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 three months from the date on which the petitioner produces a certified copy of this judgment before him after notice to and affording the petitioner a reasonable opportunity of being heard. P.N.RAVINDRAN Judge vaa