IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 26791 of 2009(T) -------------------------------------- PETITIONER(S): ----------------------- USSAIN A, S/O. MODEENKUTTY ALUKKAL HOUSE, P.O. PERINTHALLORE, TRIPRANGODE, TIRUR. BY ADV. MR.K.K.MOHAMED RAVUF RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, TIRUR. BY GOVT. PLEADER MR.P.N.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN ==================== W.P. © No.26791 of 2009 – T ==================== Dated 24th September, 2009 JUDGMENT Heard Sri.K.K.Mohammed Ravuf, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader for the respondents. 2. The petitioner is the registered owner of goods vehicle bearing registration No.KL7/J – 9916. The said vehicle was seized by the second respondent Sub Inspector of Police, Tirur on 14.9.2009 and produced before the District Collector, Malappuram on the allegation that it was used to transport river sand without a valid pass. The petitioner submits that though he had made several requests to the District Collector to give interim custody of the vehicle to him, till date, the said request has not been granted. 2. A learned single Judge of this Court has in Subramanian v. State of Kerala (2009 (1) KLT 77) held that the District Collector has the power to release any vehicle seized and produced before him by way of interim W.P.(C) No.26791/2009 -:2:- custody. The petitioner has not stated that he has moved the District Collector in writing seeking interim custody of his vehicle. In my opinion, the petitioner ought to have given a written request to the District Collector producing a copy of Ext.P1 certificate of registration and sought interim custody of his vehicle. In such circumstances, I dispose of this writ petition with the following directions: (i) The District Collector, Malappuram shall, within ten days from the date on which the petitioner makes an application in writing, release the petitioner’s vehicle seized and produced before him to the petitioner by way of interim custody subject to such terms and conditions as he may deem fit to impose. (ii) The District Collector, Malappuram shall endeavour to pass final orders on the proceedings, if any, initiated by him under the Kerala Protection of River Banks and Regulation of Removal of River Sand Act, 2001 within three months from the date on which the petitioner produces a copy of this judgment before the District Collector after notice and affording to the petitioner a reasonable opportunity of being heard. P.N.RAVINDRAN Judge vaa