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. 33241 of 2009(A) ---------------------------------------- PETITIONER(S): ------------------------- BASHEER.P.U, AGED 58 YEARS, S/O. UMMER, POKKAKILLATH HOUSE, CHENTHRAPPINNI.P.O, EDATHURUTHY VILLAGE, KODUNGALLOOR TALUK, THRISSUR DISTRICT (RC OWNER OF KL-47-A-1723) BY ADV. MR.SHOBY K.FRANCIS RESPONDENT(S): ---------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION, MATHILAKAM, THRISSUR DISTRICT. 3. GEOLOGIST, DEP. OF MINING AND GEOLOGY, OFFICE OF THE GEOLOGIST, THRISSUR. R1 TO R3 BY SR. GOVT. PLEADER MR.P.N.SANTHOSH 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. 33241 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 19th day of November 2009. JUDGMENT The petitioner is the registered owner of a goods vehicle bearing registration No.KL-47-A-1723. The said vehicle was seized and proceedings initiated under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules framed thereunder on the allegation that it was used to transport river sand without a valid pass. The petitioner challenged the seizure of his vehicle by filing W.P.(C).No.24739 of 2009 in this Court. By Ext.P4 judgment delivered on 27.08.2009, this Court directed the District Collector to pass final orders in the matter within three months from the date of receipt of a copy of the judgment. This Court also directed that if the petitioner moves for interim custody, the application for interim custody shall be considered and orders passed within four weeks. 2. As directed by this Court in Ext.P4 judgment, the petitioner moved the District Collector seeking interim custody. Ext.P5 order was thereafter passed on 12.10.2009 granting interim custody subject to various terms and conditions including W.P.(C). No. 33241 OF 2009 2 deposit of money. The petitioner did not comply with the said conditions, as according to him, they were onerous and he was not in a position to comply with the said conditions. In this writ petition, the petitioner challenges the seizure of his vehicle on the ground that the sand transported was not river sand. 3. It appears that a sample of the sand carried in the petitioner's vehicle was send for expert opinion to the Geologist, who has sent a letter to the District Collector stating that the sand carried in the petitioner's vehicle is sand extracted from weathered rock and can be included in M-Sand category. Relying on the said letter, a copy of which is Ext.P6, the petitioner seeks a direction to the respondents to unconditionally release the vehicle to him. 4. The pleadings disclose that a certified copy of Ext.P4 judgment was received by the District Collector on 09.09.2009. In terms of the directions in Ext.P4 judgment, the District Collector has to pass final orders in this matter within three months. The said period will expire on 08.12.2009, that is, within another two weeks. In such circumstances, I dispose of W.P.(C). No. 33241 OF 2009 3 this writ petition with a direction to the District Collector to take note of the contents of Ext.P6 letter sent by the Geologist, Thrissur while passing final orders in this matter. The District Collector shall pass final orders within the time stipulated in Ext.P4 judgment and shall after orders are passed, communicate a copy thereof to the petitioner expeditiously. It will be open to the petitioner to file a written submission before the District Collector raising the contentions raised in this writ petition. The District Collector shall consider the said contentions also while passing orders in the matter. (P.N.RAVINDRAN) JUDGE kkms/