IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 33979 of 2009(N) --------------------------------------- PETITIONER(S): ------------------------ JOHN HEROLD WILSON C.M. 12/121, ERICHA VILLAI, VAVARAI, S.T.MANKAD PO VILAVANCODE, KANYAKUMARI DISTRICT, TAMIL NADU. BY ADV. MR.P.K.VIJAYAMOHANAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE ADDITIONAL SUB INSPECTOR OF POLICE PUDUNAGARAM POLICE STATION, PUDUNAGARAM PO PALAKKAD DISTRICT. GOVERNMENT PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.33979 of 2009 - N ---------------------------------------- Dated 15th December, 2009 Judgment The petitioner is the registered owner of a goods vehicle bearing registration No.TN/75-4756. The said vehicle was seized by the third respondent on 26.10.2009 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 who initiated proceedings against the petitioner under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules framed thereunder. The petitioner thereafter moved the District Collector by submitting an application for interim custody of the vehicle. He contended that the sand transported in his vehicle was sand purchased from the Public Works Department of the State of Tamilnadu and transported across the border to the State of Kerala. He contended that in such circumstances, the sand transported in his vehicle and his vehicle are not liable to be confiscated under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules framed thereunder. W.P.(C)No.33979/2009 -2- 2. The District Collector heard the petitioner on 4.11.2009, on the petitioner's application for interim custody. He thereafter passed Ext.P5 order dated 18.11.2009 directing release of the vehicle by way of interim custody in the event of the petitioner furnishing irrevocable bank guarantee for the sum of Rs.7,50,000/-. The District Collector also directed the petitioner to appear for a further hearing on 23.12.2009 for the purpose of passing final orders in the matter. Ext.P5 is under challenge in this writ petition. 3. When this writ petition came up for hearing today, Sri.P.K.Vijayamohanan, the learned counsel appearing for the petitioner submitted that leaving open the petitioner's contentions and reserving liberty with him to raise all available contentions before the District Collector, this writ petition may be disposed of with a direction to the District Collector to hear the petitioner on 23.12.2009 and to pass final orders in the matter expeditiously. The learned Government Pleader does not oppose the said request. In such circumstances, I dispose of this writ petition with a direction to the District Collector, Palakkad to hear the W.P.(C)No.33979/2009 -3- petitioner/his authorized representative on 23.12.2009 itself and pass final orders in the matter expeditiously and in any event within two weeks thereafter. It will be open to the petitioner to raise all his contentions by filing a written representation before the District Collector and to produce along with it, the documents which he seeks to rely on. The District Collector shall pass an order giving reasons in support of his findings and conclusions and shall expeditiously thereafter, communicate a copy thereof to the petitioner. P.N.RAVINDRAN Judge vaa