IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 32796 of 2009(T) -------------------------- PETITIONER(S): --------------- MUHAMMED KUTTY, S/O. ALI, UPPOOTTUNGAL HOUSE, VETTOM AMSOM, TIRUR. BY ADV. SMT.S.JASMINE RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. JUDICIAL FIRST CLASS MAGISTRATE, TIRUR. 3. SUB INSPECTOR OF POLICE, TIRUR. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).32796/2009 -------------------- Dated this the 17th day of November, 2009 JUDGMENT The petitioner is the owner of a goods vehicle bearing registration No.KL 10D 655. The said vehicle was seized by the Police and produced before the District Collector, Malappuram on 17.10.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereupon filed Ext.P4 application before the District Collector seeking interim custody of his vehicle. The petitioner's grievance 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. Ext.P5 produced along with the writ petition discloses that the District Collector has issued notice to the petitioner calling upon him to appear for a hearing at 11.00 am on 20.11.2009. Since the District Collector proposes to conduct a hearing on 20.11.2009, he can be directed to pass final orders in the proceedings initiated by him under the Kerala Protection of River Banks and Regulation of Removal of Sand W.P.(C).32796/09 2 Act, 2001, instead of passing interim orders regarding custody of the vehicle. In such circumstances, I dispose of this writ petition with a direction to the District Collector, Malappuram, to 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, within two weeks from 20.11.2009 on which date the petitioner has been called to attend a hearing before the District Collector. The District Collector shall pass an order giving reasons in support of his conclusions and shall communicate a copy thereof to the petitioner expeditiously thereafter. It will be open to the petitioner to put forward all his contentions by filing a written submission. P.N.RAVINDRAN, Judge mrcs