IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 26184 of 2009(P) -------------------------------------- PETITIONER: ------------------- BEERANKUTTY, S/O. AHAMMEDKUTTY, AGED 28 YEARS,PATTATH HOUSE, KALLARMANGALAM P.O., VETTICHIRA DESOM, MALAPPURAM DT. (RC OWNER KL-10 Q 9004). BY ADV. MR.SHOBY K.FRANCIS. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 2. THE TAHSILDAR, TIRUR TALUK, TALUK OFFICE, TIRUR, MALAPPURAM, 3. SUB INSPECTOR OF POLICE, KUTTIPPURAM POLICE STATION, KUTTIPPURAM , MALAPPURAM. R1 TO R3 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 26184 of 2009-P ------------------------------ Dated this the 17th day of September, 2009. J U D G M E N T Heard Sri.Shoby K.Francise, 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 mini lorry bearing registration No.KL-10Q-9004. The said vehicle was seized by the second respondent on 10.9.2009 and produced before the first respondent on the allegation that it was used to transport river sand without a valid pass. The grievance voiced by the petitioner in this writ petition is that though he had submitted Ext.P2 representation dated 12.9.2009 before the District Collector, Malappuram seeking interim custody of his vehicle, till date orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to the respondents to release the vehicle bearing registration No.KL-10Q-9004 to him. He also prays for a declaration that proceedings initiated by the District Collector under the Kerala Protection of River Bank and Regulation of Removal of Sand Act, 2001, is illegal and unconstitutional. 3. When this writ petition came up for admission today, the learned counsel for the petitioner submitted that leaving open the petitioner's contentions regarding the constitutional validity of the provision for confiscation in the Kerala Protection of River Bank and W.P(C) No. 26184 of 2009-P 2 Regulation of Removal of Sand Act and Rules therein, this writ petition may be disposed with direction to the District Collector, Malappuram to consider the request made by the petitioner in Ext.P2 representation for interim custody of his vehicle and pass orders thereon expeditiously. 4. 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 direct release of any vehicle which is 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 ten days from the date on which the petitioner produces a certified copy of this judgment before him, release the vehicle bearing registration No.KL-10Q-9004 to the petitioner by way of interim custody on such terms and conditions as he may deem fit to impose. ii) The District Collector 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 within three months from such date, after affording the petitioner a reasonable opportunity of being heard. W.P(C) No. 26184 of 2009-P 3 iii)The District Collector shall after orders are passed as directed above communicate a copy thereof to the petitioner. The contentions of the petitioner on the merits are kept open. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab