IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 32167 of 2009(M) ---------------------------------------- PETITIONER(S): ------------------------ AFSAL, S/O.ABDUL KAREEM, PERISSERIKODE HOUSE, CHERUPPA, KOZHIKODE DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE SUB INSPECTOR OF POLICE, MAVOOR POLICE STATION, KOZHIKODE DISTRICT. R1 & R2 BY GOVT. PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N. RAVINDRAN,J. --------------------------- W.P.(C).NO.32167 OF 2009 --------------------------- DATED THIS THE 11TH DAY OF NOVEMBER, 2009 JUDGMENT The petitioner is the registered owner of a goods vehicle bearing registration No.KL-11-W-6083. The said vehicle was seized by the second respondent and produced before the District Collector, Kozhikode on 3/11/2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereupon filed Ext.P1 representation dated 5/11/2009 before the District Collector, Kozhikode seeking interim custody of his vehicle. The grievance voiced by the petitioner in the writ petition is that till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to the respondents to release the seized vehicle 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 -2- W.P.(C).Nos.32167/09 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 such circumstances, I dispose of the writ petition with the following directions: (i) The District Collector, Kozhikode shall, within one week from the date on which the petitioner produces a certified copy of this judgment before him, release the vehicle to the petitioner on such terms and conditions as he may deem fit to impose. (ii) The District Collector, Kozhikode 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, -3- W.P.(C).Nos.32167/09 after notice to and affording the petitioner a reasonable opportunity of being heard. P.N.RAVINDRAN, JUDGE. kcv.