IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 30710 of 2009(G) -------------------------------- PETITIONER(S): --------------- SATHYAN P.V., S/O. VASU, AGED 46 YEARS, PONNARASSERY HOUSE, AKKIKKAVU P.O., THRISSUR DIST. (OWNER OF KL-48/8960). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. SUB INSPECTOR OF POLICE, GURUVAYOOR POLICE STATION, GURUVAYOOR, THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2009 ALONG WITH WRIT PETITIONS NOS.30736/09,30744/09,30745/09,30772/09, 30800/09 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ----------------------- WP(C) Nos. 30710, 30736, 30744, 30745, 30772, 30800 OF 2009 ---------------------------------------------------- DATED THIS THE 29TH DAY OF OCTOBER 2009 JUDGMENT ------------- Heard Sri. Shoby K.Francise, the learned counsel appearing for the petitioners and Sri. P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The Petitioners in these writ petitions are registered owners/owners of goods vehicles that were seized and produced before the District Collectors concerned on the allegation that the said vehicles were used to transport river sand without a valid pass. The Petitioners thereupon moved the District Collectors concerned seeking interim custody of their vehicles. The grievance voiced by the petitioners in these writ petitions is that till date orders have not been passed thereon. In these writ petitions, petitioners seek a writ in the nature of mandamus commanding the respondents to release their respective vehicles to them 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 WP(C) No. 30710/09 & connected cases 2 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 these writ petitions with the following directions: i) The District Collector concerned shall, within one week from the date on which the petitioners produce a certified copy of this judgment before him, release the vehicle to them on such terms and conditions as he may deem fit to impose; ii) The District Collector concerned 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 petitioners produce a certified copy of this judgment before him after notice to and affording the petitioners a reasonable opportunity of being heard. P.N. RAVINDRAN JUDGE pkk