IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 33492 of 2009(F) -------------------------- PETITIONER(S): --------------- MUJEEB RAHMAN, S/O.ANASU, CHARUPARAMBIL HOUSE, P.O.CHAMRAVATTOM, (R.C.OWNER OF KL.55-C/8321 GOODS AUTO). BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, TITRUR. BY GOVT. PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 33492 OF 2009 -------------------------- Dated this the 20th day of November, 2009 J U D G M E N T Heard Sri. K.K.Mohammed Ravuf, the learned counsel appearing for the petitioner and Sri. P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a goods autorickshaw bearing registration No.KL-55-C-8321. The said vehicle was seized by the second respondent on 11.8.2009 on the allegation that it was used to transport river sand without a valid pass. After the vehicle was seized, a report was filed before the District Collector, Malappuram, to that effect. The petitioner thereupon filed Ext.P3 petition dated 1.11.2009 before the District Collector seeking interim custody of the vehicle. The grievance voiced by the petitioner is that, till date, orders have not been passed thereon. In this writ petition, the petitioner W.P.(C) No. 33492/09 2 seeks a direction to the respondents to pass orders granting interim custody of the vehicle to him 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 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 have considered Ext.P3 petition and passed orders thereon expeditiously. I accordingly dispose of this writ petition with the following directions. (i) The District Collector, Malappuram, shall, within 7 days from the date on which the petitioner produces a certified copy of this judgment before him, release the vehicle to the petitioner by way of interim custody on the petitioner depositing the sum of Rs.10,000/-. It will be W.P.(C) No. 33492/09 3 open to the District Collector to impose conditions other than deposit of money while granting such interim custody. (ii) The District Collector, Malappuram, shall pass final orders in the proceedings initiated by him within two months from such date, after notice to and affording the petitioner, a reasonable opportunity of being heard. The District Collector, Malappuram, shall after final orders are passed, communicate a copy thereof to the petitioner expeditiously. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, JUDGE vps