IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 30504 of 2009(G) -------------------------------------- PETITIONER: ------------------- KARIM, S/O. ABOOBACKER, AGED 54 YEARS, MADATHIPARAMBIL, AZHEEKODU VILLAGE, KODUNGALLUR TALUK, (OWNER OF LORRY BEARING REGISTRATION NO. KL-52-0562). BY ADV. MR.P.M.ZIRAJ. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, MATHILAKOM POLICE STATION. 2. THE DISTRICT COLLECTOR, THRISSUR. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------------------------ W.P(C) Nos.30504 of 2009-G ------------------------------------------ Dated this the 28th day of October, 2009. J U D G M E N T Heard Sri.P.M.Ziraj, 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-52-0562. The said vehicle was seized by the first respondent on 20.10.2009, on the allegation that it was used to transport river sand without a valid pass and produced before the second respondent. The petitioner submits that seeking interim custody of his vehicle he had submitted Ext.P2 representation dated 21.10.2009 before the District Collector, Thrissur. 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 inter alia seeks a direction to the respondents to release the vehicle to him by way of interim custody. 3. 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. In such circumstances, I am of the opinion that the District Collector should have considered the request made by the petitioner for interim custody of the vehicle and passed orders thereon. I accordingly dispose of this writ petition with the following directions: i) The District Collector, Thrissur shall within seven days from the date on which the petitioner produces a certified copy of this judgment pass orders granting interim custody of the vehicle to him on such terms and conditions as he may deem fit to impose. ii) The District Collector, Thrissur 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 within three months from such date after affording the petitioner a reasonable opportunity of being heard. The District Collector shall pass an order giving reasons in support of his conclusions and shall communicate a copy thereof to the petitioner expeditiously. The contentions of the petitioner on the merits are kept open. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab