IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 32615 of 2009(V) -------------------------- PETITIONER(S): --------------- SREEJITH, VALAYIL PADINJARETHIL HOUSE, VALLAMKULAM KIZHAKKU MURI, ERAVIPEROOR VILLAGE, THIRUVALLA. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 2. SUB INSPECTOR OF POLICE, THIRUVALLA. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).32615/2009 -------------------- Dated this the 13th day of November, 2009 JUDGMENT The petitioner is the owner of a goods autorikshaw bearing registration No.KL-03-Q-5039. The said vehicle was seized by the second respondent and produced before the District Collector, Pathanamthitta, on 2.11.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereupon moved the District Collector by submitting Ext.P3 representation dated 6.11.2009 seeking interim custody of his 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).32615/09 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, Pathanamthitta, 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, Pathanamthitta, 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