IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 30889 of 2009(E) -------------------------- PETITIONER(S): --------------- ISMAIL P @ ISMAIL KUNJU, AGED 36 YEARS, S/O. POOKUNJU, PULIYURAMOOTTIL HOUSE, PUTHENSANKETHAM, KOIVILA P. O., THEVALAKKARA, KOLLAM DIST. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. SUB-INSPECTOR OF POLICE, CHAVARA POLICE STATION, CHAVARA. 4. SHANAVAS S, S/O. SHAMSUDEEN KUNJU, PUTHENSANKETHAM, KOIVILA P.O., THEVALAKKARA, KOLLAM DISTRICT. BY SR. GOVT. PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 30889 OF 2009 -------------------------- Dated this the 20th day of November, 2009 J U D G M E N T The petitioner is the registered owner of a goods vehicle bearing Registration No. KL 9Q 3241. A crime was registered against the petitioner on the allegation that his vehicle was used to transport river sand without a valid pass. It appears that after the petitioner’s vehicle was seized, a report was submitted by the Sub Inspector of Police to the District Collector, Kollam. Thereupon proceedings were initiated under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules framed there under for confiscation of the vehicle. This writ petition is filed challenging the seizure of the petitioner’s vehicle and seeking various reliefs including a declaration that Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and Rules 27 and 28 of the Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002 are unconstitutional and void. The petitioner has also sought for a direction to the District Collector to forthwith release the vehicle to him by way of W.P.(C) No. 30889/09 2 interim custody. 2. When this writ petition came up for hearing today, the learned counsel appearing for the petitioner submitted that the petitioner is seeking only a direction to the District Collector, Kollam, for interim custody of the vehicle and that the writ petition may be disposed of with a direction to the District Collector to grant interim custody of the vehicle to him on such terms and conditions as the District Collector may deem fit to impose. 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. In such circumstances, I am of the opinion that the petitioner should move the District Collector in writing seeking interim custody of his vehicle. I accordingly dispose of this writ petition with the following directions. W.P.(C) No. 30889/09 3 (i) The District Collector Kollam shall in the event of the petitioner filing an application before him in writing seeking interim custody of the vehicle, release the vehicle to the petitioner by way of interim custody on such terms and conditions as he may deem fit to impose. (ii) The District Collector, Kollam 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 Rules framed there under 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 vps