IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 33286 of 2009(E) ------------------------------------ PETITIONER(S): ---------------------- 1. BALAKRISHNAN, S/O. RAGHAVAN, AGED 50 YEARS, CHIRAKKOTT VEEDU, PALLASENA PALAKKAD DIST. 2. ANISH S/O. KUNJUMANI, AGED 29 YEARS, NIRAKKODE, PALLASENA, CHITTUR TALUK, PALAKKAD DIST. 3. PRAKASAN, S/O. KUTTAN, AGED 30 YEARS, ALUMPARAMBA, PALLASEENA, PALAKKAD. BY ADV. MR.RAJESH SIVARAMANKUTTY RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE VILLAGE OFFICER, PALLASSENA VILLAGE, PALLASSENA, 3. THE TAHSILDAR, CHITTUR, PALAKKAD DIST. BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 33286 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 19th day of November 2009. JUDGMENT The petitioners are owners of goods vehicles (autorickshaw) that were seized by the second respondent and produced before the District Collector, Palakkad on 31.10.2009 on the allegation that they were used to transport river sand without a valid pass. The petitioners thereupon submitted Exts. P5, P6 and P7 representations dated 11.11.2009 before the District Collector seeking interim custody of their vehicles. The grievance voiced by the petitioner is that, till date, orders have not been passed thereon. In this writ petition, the petitioners seek a direction to the respondents to release the seized vehicles to them by way of interim custody. 2. 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 release any vehicle seized and produced before him, by way of interim custody. In such circumstances, as the petitioners have moved the W.P.(C). No. 33286 OF 2009 2 District Collector in writing seeking interim custody of their vehicles, I dispose of this writ petition with the following directions: (i) The District Collector, Palakkad shall, within one week from the date on which the petitioners produce a certified copy of this judgment before him, grant interim custody of the vehicles to the petitioners 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 under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules framed thereunder expeditiously and, in any event, within two months from the date on which the petitioners produce a certified copy of this judgment before him, after notice to and affording the petitioners a reasonable opportunity of being heard. (P.N.RAVINDRAN) JUDGE kkms/