IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 29040 of 2009(Y) ---------------------------------------- PETITIONER(S): ------------------------ BIJU, S/O.VELU,NJARALATH HOUSE, KATTUPPARA,CHELAKKAD,MALAPPURAM DISTRICT. BY ADV. MR.P.SAMSUDIN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,MALAPPURAM. 2. THE DISTRICT COLLECTOR,MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, PERINTHALMANNA. 4. MOHANAN,S/O.CHAKKI,THEKKECHOLAYIL HOUSE,KODUMUNDA.P.O,PATTAMBI,PALAKKAD DISTRICT. R1 TO R3 BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.29040 of 2009 - Y ---------------------------------------- Dated 15th October, 2009 Judgment The petitioner is the owner of a goods vehicle bearing registration No.KL/11C - 3079 under an agreement for sale entered into between him and the fourth respondent. The said vehicle was seized by the third respondent Sub Inspector of Police and produced before the second respondent District Collector on 2.10.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereafter moved the District Collector by submitting Ext.P3 application dated 7.10.2009 seeking interim custody of his vehicle. The grievance voiced by the petitioner in this writ petition is that till date, the District Collector has not passed orders thereon granting interim custody of the vehicle to him. In this writ petition, the petitioner seeks a direction to the District Collector to grant interim custody of vehicle to him. 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 W.P.(C) No.29040/2009 2 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. 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 to him on such terms and conditions as he may deem fit to impose; (ii) The District Collector, Malappauram 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 and the registered owner, a reasonable opportunity of being heard. P.N.RAVINDRAN Judge vaa