IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 34745 of 2009(K) --------------------------------------- PETITIONER(S): ----------------------- MUHAMMED FASAL.K, S/O.MUHAMMED, KALLADI (H), PULLASSERI P.O., KARAKURUSSI, MANNARKKAD. BY ADV. MR.RAJESH NAMBIAR RESPONDENT(S): ------------------------- DISTRICT COLLECTOR, PALAKKAD. BY GOVT. PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.34745 of 2009 - K ---------------------------------------- Dated 3rd December, 2009 Judgment The petitioner is the owner of a goods vehicle bearing registration No.KL/50-871. The said vehicle was seized by the Sub Inspector of Police, Mannarkkad on 19.11.2009 on the allegation that it was used to transport river sand without a valid pass. A report was thereupon submitted to the District Collector, Palakkad. The petitioner thereafter moved the District Collector, Palakkad by submitting Ext.P4 report dated 20.11.2009 seeking interim custody of his vehicle. The grievance voiced by the petitioner is that till date orders have not been passed in the matter. In this writ petition, the petitioner seeks a direction to the District Collector, Palakkad to release the vehicle seized from 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 W.P.(C) No.34745/2009 2 River Banks and Regulation of Removal of Sand Act, 2001, held that the District Collector has the power to release any vehicle seized and produced before him by way of interim custody. I accordingly dispose of this writ petition with the following directions: (i) The District Collector, Palakkad shall, within one week from the date on which the petitioner produces a certified copy of this judgment before him, release the vehicle to him on such terms and conditions as he may deem fit to impose; (ii) The District Collector, Palakkad 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 vaa