IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WP(C).No. 33023 of 2009(W) ------------------------------------------ PETITIONER(S): ------------------------- SHEMEER,S/O.MAITHEEN KUNJU, KACHAVAZHA HOUSE, PALAKKAL MURI, THEVALAKKARA. BY ADVS. MR.C.S.MANU, MR.S.K.PREMRAJ. RESPONDENT(S): --------------------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM 3. SUB INSPECTOR OF POLICE, KARUNAGAPPALLY. R1 TO R3 BY SR. GOVERNMENT PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.33023 of 2009 - W ---------------------------------------- Dated 18th November, 2009 Judgment The petitioner is the registered owner of a goods vehicle bearing registration No.KL/10S-5647. The said vehicle was seized by the third respondent and produced before the District Collector, Kollam on the allegation that it was used to transport river sand without a valid pass. It appears, a crime was also registered for offences punishable under sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The petitioner thereupon filed an application in the Court of the Judicial Magistrate of the First Class, Karunagappally under section 451 of the Code of Criminal Procedure seeking interim custody of his vehicle. By Ext.P1 order passed on 28.10.2009 the Court below dismissed the application filed by the petitioner and directed the third respondent to produce the vehicle before the District Collector. The Court below also reserved liberty with the petitioner to move the District Collector seeking release of the vehicle. This W.P.(C) No.33023/2009 2 writ petition was thereupon filed challenging Ext.P1 and seeking other reliefs. 2. When this writ petition came up for hearing today, the learned counsel appearing for the petitioner submitted that the petitioner will move the District Collector seeking interim custody and that the writ petition may be disposed of with a direction to the District Collector to consider the said application and grant 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, I dispose of this writ petition with the following directions: (i) The District Collector, Kollam shall, within one week from the date on which the petitioner submits an application in writing seeking interim custody of the vehicle, release the W.P.(C) No.33023/2009 3 vehicle to him by way of interim custody on such terms and conditions as he may deem fit; (ii) The District Collector, Kollam 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 registered owner a reasonable opportunity of being heard. P.N.RAVINDRAN Judge vaa