IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 26949 of 2009(K) ----------------------------------------- PETITIONER(S): ------------------------- BABU.N.R., AGED 21 YEARS, S/O.PARAMAN, KORATTIKKAL HOUSE, THIRUNNAVAYA AMSOM DESOM, TIRUR TALUK. (DRIVER OF KL 10.S/6649 GOODS VEHICLE). BY ADV. MR.K.K.MOHAMED RAVUF RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE S.I.OF POLICE, TIRUR. R1 & R2 BY GOVERNMENT PLEADER MR. P.N.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN ==================== W.P. © No.26949 of 2009 – K ==================== Dated 24th September, 2009 JUDGMENT The petitioner is the driver of a goods vehicle bearing registration No.KL/10 S - 6649, belonging to Sri. Shabeer, named in Ext.P1 registration certificate. The said vehicle was seized by the Sub Inspector of Police, Tirur on 15.9.2009 and produced before the District Collector, Malappuram on the allegation that it was used to transport river sand without a valid pass. The petitioner submits that though he had made several requests to the District Collector to give interim custody of the vehicle to him, till date, the said request has not been granted. 2. A learned single Judge of this Court has in Subramanian v. State of Kerala (2009 (1) KLT 77) held that the District Collector has the power to release any vehicle seized and produced before him by way of interim custody. The petitioner has not stated that he has moved the District Collector in writing seeking interim custody of the vehicle. Further, the District Collector can give interim custody of the vehicle only to the owner of the vehicle and not to the driver thereof. In such circumstances, I dispose of this writ petition with the direction that if the registered owner of the vehicle named in Ext.P1 makes an application before the District Collector, W.P.(C) No.26949/2009 -:2:- Malappuram in writing seeking interim custody of the vehicle, the District Collector shall within ten days from the date of receipt of such a request, release the said vehicle to him on such terms and conditions as he may deem fit to impose. The District Collector, Malappuram shall pass final orders in the matter pending before him expeditiously and, in any event, within three months from today after notice to and affording the registered owner/owner a reasonable opportunity of being heard. P.N.RAVINDRAN Judge vaa