IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 WP(C).No. 19006 of 2010(A) -------------------------- PETITIONER(S): --------------- USHA, PARAYIL HOUSE, OTTACKAL.P.O., THENMALA, KOLLAM, (VEHICLE NO.KL-05-B-7254.) BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION, KOLLAM DISTRICT. BY G.P.SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.19006 of 2010 ---------------------------- Dated 18th June, 2010 JUDGMENT The petitioner is the registered owner of a goods vehicle bearing registration No.KL-05-B-7254. The said vehicle was seized by the Sub Inspector of Police, Ezhucone on 29.3.2010 on the allegation that it was used to transport river sand without a valid pass. A report was thereupon submitted to the District Collector, Kollam. The grievance voiced by the petitioner in this case is that though nearly three months have passed after the vehicle was seized, till date, final orders have not been passed in the matter. The petitioner has a further grievance that notwithstanding repeated requests, interim custody of the vehicle was also not given to him. In this writ petition, she seeks a direction to the District Collector, Kollam to pass expeditious orders releasing the vehicle to her. 2. The pleadings disclose that the petitioner's vehicle is being proceeded against under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules framed thereunder on the allegation that it was used to transport river sand without a valid pass. Under the provisions of the WP(C).No.19006/2010 2 Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules framed thereunder, the District Collector is the competent authority to decide whether the petitioner's vehicle is liable to be confiscated or not. The vehicle in question was seized on 29.3.2010. Nearly three months have passed thereafter. In such circumstances, I am of the considered opinion that the District Collector should take a final decision in the matter expeditiously. I accordingly dispose of this writ petition with a direction to the first respondent to pass final orders in the proceedings initiated by him under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules framed thereunder, after notice to and affording the petitioner a reasonable opportunity of being heard expeditiously and in any in event within six weeks from the date on which the petitioner produces a certified copy of this judgment before him. P.N.RAVINDRAN Judge TKS