IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WP(C).No. 28622 of 2009(W) --------------------------------------- PETITIONER: ------------------- ABDUL KAREEM, S/O. BEEKUTTY, KRISHNA ABDUL KAREEM PARAMBIL, PERUNTHALLOOR P.O, B.P. ANGADI,TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. MR.JAMSHEED HAFIZ. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE S.I. OF POLICE, KALPAKANCHERY, MALAPPURAM DISTRICT. R1 & R2 BY GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.28622 of 2009 ------------------------------ Dated this the 12th day of October, 2009. J U D G M E N T Heard Sri.Jamsheed Hafiz, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents . 2. The petitioner is the registered owner of a mini lorry bearing registration No.KL-10-7311. The said vehicle was seized by the second respondent, Sub Inspector of Police, on 1.10.2009, on the allegation that it was used to transport river sand without a valid pass and produced before the first respondent. The grievance voiced by the petitioner is that notwithstanding repeated requests, till date the District Collector has not released the vehicle to him. In this writ petition, the petitioner inter alia seeks a writ in the nature of mandamus commanding the respondents to release the vehicle to him. 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. It is evident that the petitioner has not moved the District Collector in writing seeking interim custody of his vehicle, I am of the opinion that the petitioner ought to have moved the District Collector in writing, seeking interim custody of his vehicle instead of seeking the intervention of this Court. I accordingly dispose of this writ petition with the following directions: i) The District Collector, Malappuram shall in the event of the petitioner filing an appropriate representation seeking interim custody, release the vehicle to him by way of interim custody subject to 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 and the rules framed thereunder within three months from such date after affording the petitioner a reasonable opportunity of being heard. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA TO JUDGE ab