IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 27432 of 2009(Y) ----------------------------------------- PETITIONER(S): ------------------------- MUHAMED RAFEEQ, S/O.ABDU, THOTTUMPALATH HOUSE, PALOOR, PERINTALMANNA, MALAPPURAM DISTRICT. BY ADV. MR.DEVIDAS.U.K RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. R1 & R2 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 27432 of 2009-Y ------------------------------ Dated this the 30th day of September, 2009. J U D G M E N T Heard Sri.U.K.Devidas, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a goods vehcile bearing registration No.KL-10-P-5193. The said vehicle was seized by the second respondent, Revenue Divisional Officer, on 10.9.2009, on the allegation that it was used to transport river sand without a valid pass and produced before the second respondent. The petitioner submits that though seeking interim custody of the vehicle he had submitted Ext.P2 representation dated 16.9.2009 before the District Collector, Malappuram, till date orders have not been passed thereon. In this writ petition, the petitioner inter alia seeks a writ in the nature of mandamus commanding the first respondent to pass orders on Ext.P2 representation and to release the vehicle to him by way of interim custody. 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 W.P(C) No. 27432 of 2009-Y 2 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 consider Ext.P2 representation and pass orders thereon expeditiously. I accordingly dispose of this writ petition with the following directions: i) The District Collector, Malappuram shall grant interim custody of the petitioner’s vehicle to him, on such terms and conditions as he may deem fit to impose within ten days from the date on which the petitioner produces a copy of this judgment before him. 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 within three months from the date on which the petitioner produces a copy of this judgment before him, after notice to and affording him a reasonable opportunity of being heard. Sd/- P.N.RAVINDRAN, JUDGE //True Copy// PA to Judge ab W.P(C) No. 27432 of 2009-Y 3