IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WP(C).No. 32333 of 2009(J) -------------------------- PETITIONER(S): --------------- MOOSA, S/O.AANIMANGALATH ALI, AANIMANGALAM HOUSE, PERUNTHALLOOR P.O VETTOM PALLIPPURAM AMSOM DESOM, TIRUR TALUK, MALAPPURAM DIST. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE S.I. OF POLICE, TIRUR, MALAPPURAM DISTRICT. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).32333/2009 -------------------- Dated this the 12th day of November, 2009 JUDGMENT The petitioner is the owner of a goods vehicle bearing registration No.KL-8-G-6129, which was seized by the Sub Inspector of Police, Tirur, on 4.11.2009 and produced before the District Collector, Malappuram, on the allegation that it was used to transport river sand without a valid pass. The petitioner thereupon filed Ext.P1 representation dated 5.11.2009 before the District Collector seeking interim custody of the vehicle. 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 seeks a direction to the respondents to release the vehicle to him 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 which is seized and produced before him, by way of W.P.(C).32333/09 2 interim custody. In such circumstances, as the petitioner has moved the District Collector in writing seeking interim custody of his vehicle, I dispose of this writ petition with the following directions: (i). The District Collector, Malappuram, shall, within one week from the date on which the petitioner produces a certified copy of this judgment before him, grant interim custody of the vehicle to the petitioner on such terms and conditions as he may deem fit to impose. (ii). The District Collector, Malappuram, 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 petitioner produces a certified copy of this judgment before him, after notice to and affording the petitioner a reasonable opportunity of being heard. P.N.RAVINDRAN, Judge mrcs