IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WP(C).No. 31487 of 2009(E) -------------------------------------- PETITIONER(S): ---------------------- P.I. GEEVARGHESE, PANIKKOTTIL, MAMBRAYIL VEETTIL, NIRANAM THEKKUMBHAGAM VILLAGE, THIRUVALLA TALUK. BY ADV. MR.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): ------------------------ 1. GEOLOGIST, MINING AND GEOLOGY, PATHANAMTHITTA. 2. DISTRICT COLLECTOR, PATHANAMTHITTA. 3. SUB INSPECTOR OF POLICE, PULIKKEEZHU POLICE STATION. 4. R. RAJENDRAN, PUTHUVEETTIL VEEDU, PATHIYOOR EAST P.O., KEERIKKAD, ALAPPUZHA DIST. R1 TO R3 BY GOVERNMENT PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 31487 OF 2009 -------------------------- Dated this the 16th day of November, 2009 J U D G M E N T The petitioner is the owner of a goods vehicle bearing Reg. No.KL-9/A-4483. The said vehicle was seized by the third respondent on 6.10.2009. This writ petition is filed seeking a direction to the respondents to release the vehicle to the petitioner. The writ petition proceeds on the basis that a case has been registered against the petitioner under Sections 20 and 21 of the Mines and Minerals (Development and Regulation) Act, 1957. It is contended that the District Collector, Pathanamthitta, cannot therefore order confiscation and that confiscation, if any, can be ordered only by the competent criminal court. 2. Sri. P.N.Santhosh, the learned Government Pleader, appearing for the respondents submits that proceedings have been initiated against the petitioner's vehicle under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules W.P.(C) No. 31487/09 2 framed thereunder. He submits that the District Collector will pass final orders in the proceedings initiated by him expeditiously, with notice to the petitioner. In the light of the said submission, I dispose of this writ petition with the following directions: (i) The District Collector, Pathanamthitta, shall in the event of the petitioner filing an application for interim custody of the vehicle, pass orders granting such interim custody to the petitioner within one week from the date of presentation of the application, subject to such terms and conditions as he may deem fit to impose. (ii) The District Collector, Pathanamthitta, shall pass final orders in the proceedings initiated under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, within two months from the date of production/receipt of a certified copy of this judgment, with notice to and after affording the petitioner and the registered owner of the vehicle a reasonable opportunity of W.P.(C) No. 31487/09 3 being heard. The District Collector shall pass an order giving reasons in support of his conclusions and shall after orders are passed, communicate a copy thereof to the petitioner and the registered owner of the vehicle. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, JUDGE vps