IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 26976 of 2009(N) -------------------------- PETITIONER(S): --------------- UNNIKRISHNAN, 43 YEARS,S/O.MAYANDI,VALIYAPARAMBIL HOUSE, NAMBULLIPPURA POST,MUNDUR,PALAKKAD. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION,PALAKKAD. 2. THE SUB INSPECTOR OF POLICE, KONGAD POLICE STATION. BY GOVT. PLEADER SRI.P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26976 OF 2009 -------------------------- Dated this the 25th day of September, 2009 J U D G M E N T Heard Sri.R.Sreehari, the learned counsel appearing for the petitioner and Sri. P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a goods vehicle bearing registration No.KL-9L-7701. The said vehicle was seized by the second respondent on 19.9.2009 on the ground that it was used to transport river sand without a valid pass. After such seizure, the vehicle was produced before the District Collector, Palakkad. The petitioner submits that though he had submitted Ext.P2 application before the District Collector, Palakkad, on 20.9.2009 seeking interim custody of the vehicle, till date, no orders have been passed thereon. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the first respondent to consider Ext.P2 petition and pass orders thereon granting interim custody of the vehicle to him expeditiously. 3. A learned Single Judge of this Court has in Subramanian v. State of Kerala (2009 (1) KLT 77) while upholding the W.P.(C) No. 26976/09 2 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 direct release of any vehicle which is seized and produced before him by way of interim custody. In such circumstances, I am of the opinion that the District Collector should consider Ext.P2 application and pass orders thereon expeditiously. I accordingly dispose of this writ petition with the following directions. (i) The District Collector, Palakkad, shall, within 10 days from the date on which the petitioner produces a certified copy of this judgment issue orders granting interim custody of the vehicle to the petitioner on such terms and conditions as he may deem fit to impose. (ii) The District Collector, Palakkad, shall pass final orders in the proceedings initiated by him within three months from such date after notice to and affording the petitioner, a reasonable opportunity of being heard. The District Collector, Palakkad, shall after final orders are passed, communicate a copy thereof to the petitioner expeditiously. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 26976/09 3