IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 29271 of 2009(D) -------------------------- PETITIONER(S): --------------- RATHEESH, S/O.RAMU, AGED 31 YEARS, THALAPPILLIL, NALLAYI P.O., NALLAYI DESOM, NALLAYI VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT (OWNER OF A MINI LORRY BEARING REGISTRATION NO.KL-45-C-3067). BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, KASBA POLICE STATION, PALAKKAD. 2. THE DISTRICT COLLECTOR, PALAKKAD DISTRICT. BY GOVT. PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2009 ALONG WITH W.P.(C) NOS.29272/09 & 29273/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) Nos. 29271, 29272 & 29273 OF 2009 -------------------------- Dated this the 16th day of October, 2009 J U D G M E N T Heard Sri. P.M.Ziraj, the learned counsel appearing for the petitioners and Sri. P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioners are the registered owners of goods vehicles. Their vehicles were seized on the ground that they were used to transport river sand without a valid pass. After seizure, the vehicles were produced before the District Collector, Palakkad. The petitioners submit that though they had submitted applications before the District Collector, Palakkad, seeking interim custody of their vehicles, till date, orders have not been passed thereon. In this writ petition, the petitioners seek a writ in the nature of mandamus commanding the District Coolector to consider their applications and pass orders thereon granting interim custody of the vehicles to them expeditiously. 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. 29271/09 & Conn. Cases 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 the applications submitted by the petitioners and pass orders thereon expeditiously. I accordingly dispose of these writ petitions with the following directions. (i) The District Collector, Palakkad, shall, within 10 days from the date on which the petitioners produce a certified copy of this judgment, issue orders granting interim custody of the vehicles to the petitioners on such terms and conditions as he may deem fit to impose. (ii) The District Collector, Palakkad, shall pass final orders in the proceedings initiated by him within three months from such date, after notice to and affording the petitioners, a reasonable opportunity of being heard. The District Collector, Palakkad, shall after final orders are passed, communicate a copy thereof to the petitioners expeditiously. The contentions of the petitioners on the merits are kept open. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 29271/09 & Conn. Cases 3