IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 26758 of 2009(L) -------------------------------------- PETITIONER: ------------------- KURIAKKOSE, S/O.NIKLAVOS, AGED 28 YEARS, PANAKKAL HOUSE, KOONAMOOCHI P.O., KANDANASSERY DESOM, THRISSUR DISTRICT(OWNER KL-11F-5115). BY ADV. MR.SHOBY K.FRANCIS. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 2. SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009,ALONG WITH W.P.(C). NOS.26759/2009 & 26760/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.26758, 26759 & 26760 of 2009 - L ---------------------------------------- Dated 23rd September, 2009 Judgment Heard Sri.Shoby K. Francis, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioners are owners of goods vehicles which were seized by the respondents under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 on the allegation that their vehicles were used to transport river sand without a valid pass. The vehicle belonging to the petitioner in W.P. © No.26758 of 2009 was seized on 18.9.2009, the vehicle belonging to the petitioner in W.P. © No.26759 of 2009 was seized on 30.7.2009 and the vehicle belonging to the petitioner in W.P. © No.26760 of 2009 was seized on 17.9.2009. The petitioners submit that though they had submitted Ext.P2 representation before the District Collector, Malappuram seeking interim custody of their vehicles, till date, orders have not been passed thereon. In these writ petitions, the petitioners seek apart from other reliefs, a writ in the nature of mandamus commanding the District Collector, W.P.(C) Nos.26758, 26759 & 26760/2009 2 Malappuram to consider their applications for interim custody of their vehicles and to pass orders thereon within a time limit to be fixed by this Court. 3. A learned Single Judge of this Court has in Subramanian v. State of Kerala (2009 (1) KLT 77), while upholding the 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 my opinion, in the light of the decision of this Court in Subramanian v. State of Kerala (2009 (1) KLT 77), the District Collector has to consider the request made by the petitioners in Ext.P2 representation for interim custody of their vehicles and pass orders thereon. I accordingly dispose of these writ petitions with the following directions: (1) The District Collector, Malappauram shall consider the request made by the petitioners in Ext.P2 representations for interim custody of their vehicles expeditiously and, in any event, within ten days from the date on which the petitioners produce a certified copy of this judgment before the District Collector; and (2) The District Collector, Malappuram shall pass final orders in the matter pending before him expeditiously and, in any event, W.P.(C) Nos.26758, 26759 & 26760/2009 3 within four months from today. The petitioners' contentions regarding the constitutional validity of section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and rules 27 of the Rules framed thereunder are kept open. P.N.RAVINDRAN Judge vaa