IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 29832 of 2009(Y) --------------------------------------- PETITIONER(S): --------------------- AHAMMED K., S/O.KUNJHAHAMMED, AGED 26 YEARS, KATTIKULANGARA HOUSE, CHETTIPPARAMBU-PO, PONVILA VILLAGE, MALAPPURAM DIST., (RC OWNER-KL- 10/AB-9533). BY ADV. MR.SHOBY K.FRANCIS RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 2. SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION, KOLATHUR PO, MALAPPURAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 29832 of 2009 - Y ---------------------------------------- Dated 22nd October, 2009 Judgment Heard Sri.Shoby K. Francis, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a goods vehicle bearing registration No.KL-10/AB 9533. The said vehicle was seized by the second respondent and produced before the District Collector, Malappuram on 18.10.2009 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.P2 application 19.10.2009 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. W.P.(C) No.29832/2009 2 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 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, Malappuram 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, Malappuram 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 three months from the date on which the petitioner produces a certified copy of this judgment before W.P.(C) No.29832/2009 3 him after notice to and affording the petitioner a reasonable opportunity of being heard. P.N.RAVINDRAN Judge vaa