IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 26048 of 2009(A) -------------------------- PETITIONER(S): --------------- 1. AZAD P.T., S/O. ASSAINAR, AGED 28 YEARS S/O. ASSAINAR, PANAYANTHODIKA HOUSE, MAMPAD P.O., NILAMBUR TALUK, MALAPPURAM DIST. 2. ABDUL GAFOOR, S/O. AHAMMEDKUTTY, AGED 27 YEARS, VALLIKKAD HOUSE, PULLIPPADAM, MAMPAD P.O., NILAMBUR TALUK, MALAPPURAM DIST. 3. FAISAL, S/O. ABOOBACKER, MUNDAMPILAKKAL HOUSE, MAMPAD P.O., NILAMBUR TALUK, MALAPPURAM. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP BY THE DISTRICT COLLECTOR MALAPPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE CIRCLE INSPECTOR OF POLICE,NILAMBUR. BY GOVT.PLEADER SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26048 OF 2009 -------------------------- Dated this the 16th day of September, 2009 J U D G M E N T Heard Sri. P.Shamsudin, the learned counsel appearing for the petitioners and Sri. P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The third petitioner is the registered owner of a mini lorry bearing registration No.KL-07-H 6260. He has transferred the said vehicle to petitioners 1 and 2 as per the original of Ext.P2 sale agreement dated 17.3.2009. While the said vehicle was in the possession and custody of petitioners 1 and 2, it was seized by the third respondent on 27.8.2009 on the allegation that it was used to transport river sand without a valid pass. After such seizure, the vehicle was produced before the District Collector, Malappuram. This writ petition is filed contending that the District Collector has not so far passed orders in the matter. In this writ petition, the petitioners seek a writ in the nature of mandamus commanding the District Collector to give interim custody of the vehicle to petitioners 1 and 2 expeditiously. W.P.(C) No. 26048/09 2 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 petitioners should move the District Collector seeking interim custody of their vehicle instead of seeking the intervention of this Court. I accordingly dispose of this writ petition with the following directions. a) The District Collector, Malappuram shall, in the event of the petitioners filing a petition before him seeking interim custody of the vehicle, issue orders thereon within 7 days therefrom granting interim custody of the vehicle to petitioners 1 and 2 on such terms and conditions as he may deem fit to impose. The petitioners shall not transfer or otherwise dispose of the vehicle or encumber it and shall keep it in good repair. They shall also not use it to transport river sand except where the sand transported is covered by a valid pass. (b) The District Collector, Malappuram shall pass final orders in W.P.(C) No. 26048/09 3 the proceedings initiated by him under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 with notice to the petitioners and after affording them a reasonable opportunity of being heard, within four months from today. P.N.RAVINDRAN, JUDGE vps