IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 30350 of 2009(K) --------------------------------------- PETITIONER: ------------------- JOMON V.T., S/O.THOMAS, VADAKKETHARA HOUSE, THIRUNALLOOR P.O., CHERTHALA. BY ADVS. MR. M.V.S.NAMBOOTHIRY, MR.R.VINU RAJ. RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR, ALAPPUZHA. 2. SUB INSPECTOR OF POLICE, CHERTHALA. R1 & R2 BY SR. GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 30350 of 2009 - K ---------------------------------------- Dated 27th October, 2009 Judgment The petitioner is the registered owner of a goods vehicle bearing registration No.KL/32A-7694. The said vehicle was seized by the second respondent and produced before the District Collector, Alappuzha on 3.10.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereupon submitted Ext.P2 representation dated 23.10.2009 seeking interim custody of his vehicle. The grievance voiced by the petitioner in this 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 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 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 W.P.(C) No.30350/2009 2 vehicle seized and produced before him by way of interim custody. I accordingly dispose of this writ petition with the following directions: (i) The District Collector, Alappuzha 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, Alappuzha 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