IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 29575 of 2009(N) -------------------------------------- PETITIONER: ------------------- DIVAKAAN C, S/O.PRABHAKARAN,CHOVATTIL HOUSE, SUKAPURAM, EDAPPAL, MALAPPURAM DISTRICT. BY ADV. MR.BABU S. NAIR. RESPONDENTS: ------------------------ 1. TH DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, KUTTIPURAM POLICE STATION,MALAPPURAM DISTRICT. R1 & R2 BY SR. GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2009, ALONG WITH W.P.(C).NO.29593/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. -------------------------------------- W.P(C) No.29575 of 2009-N & 29593 of 2009-T --------------------------------------- Dated this the 20th day of October, 2009. J U D G M E N T Heard Sri.Babu S. Nair, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents . 2. The petitioners in these writ petitions are the registered owner of goods vehicle bearing registration Nos.KL-08AB/4210 and KL- 09B/5875 respectively. The said vehicles were seized by the second respondent on 12.10.2009 and 11.10.2009 respectively, on the allegation that it was used to transport river sand without a valid pass and produced before the first respondent District Collector. The petitioners submit that seeking interim custody of the vehicles they had submitted Ext.P1 representation dated 14.10.2009 before the District Collector, Malappuram. The grievance voiced by the petitioners in these writ petitions is that till date, orders have not been passed on the request made by them in Ext.P1. In these writ petitions, the petitioners inter alia seek a writ in the nature of mandamus commanding the respondents to release the vehicle to them. 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 District Collector should have considered the request made by the petitioners for interim custody of their vehicles and passed orders thereon. I accordingly dispose of these writ petitions with the following directions: i) The District Collector, Malappuram shall within seven days from the date on which the petitioners produce a certified copy of this judgment pass orders granting interim custody of the vehicle to them on such terms and conditions as he may deem fit to impose. ii) The District Collector 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 within three months from such date after affording the petitioners a reasonable opportunity of being heard. The District Collector shall pass an order giving reasons in support of his conclusions and shall communicate a copy thereof to the petitioners expeditiously. The contentions of the petitioners on the merits are kept open. Sd/- P.N.RAVINDRAN JUDGE //True Copy//