IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 33219 of 2009(V) --------------------------------------- PETITIONER(S): ----------------------- THOMAS, AGED 34 YEARS, S/O.OUSEPH, KUTHIRATHARA, MARAVANTHURUTHU, KULASHEKHARAMANGALAM P.O., KULASEKHARAMANGALAM VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN-686 608. BY ADVS.MR.P.V.PRAKASAN MR.S.RUSSEL MR.V.R.ARUN RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT COLLECTORATE, KAKKANAD, ERNAKULAM, PIN-682 030. 2. THE S.I. OF POLICE, HILL PALACE POLICE STATION, TRIPUNITHURA, ERNAKULAM, PIN-682 301. R1 & R2 BY SR. GOVT. PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 33219 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 19th day of November 2009. JUDGMENT The petitioner is the owner of a goods vehicle bearing registration No.KL-04-U-4282. The said vehicle was seized by the second respondent and produced before the District Collector, Ernakulam on 06.11.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereupon submitted Ext.P1 representation dated 10.11.2009 before the District Collector seeking interim custody of his vehicle. The grievance voiced by the petitioner is that, till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to the respondents to release the seized vehicle to him by way of interim custody. 2. 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 release any vehicle seized and produced before him, by way of interim custody. In such circumstances, as the petitioner has moved the District W.P.(C). No. 33219 OF 2009 2 Collector in writing seeking interim custody of his vehicle, I dispose of this writ petition with the following directions: (i) The District Collector, Ernakulam shall, within one week from the date on which the petitioner produces a certified copy of this judgment before him grant interim custody of the vehicle to the petitioner on such terms and conditions as he may deem fit to impose; (ii) The District Collector, Ernakulam 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 two months from the date on which the petitioner produces a certified copy of this judgment before him after notice to and affording the petitioner a reasonable opportunity of being heard. (P.N.RAVINDRAN) JUDGE kkms/