IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 27238 of 2009(Y) -------------------------------------- PETITIONER(S): --------------------- ABDUL SALAM K.P.,S/O.MOIDEEN KUTTY, AGED 31 YEARS, KOOTHUPARAMBIL HOUSE, ATHALOOR P.O., THAVANOOR VILLAGE, MALAPPURAM DT. (RC OWNER KL-10-U-2956). BY ADV. MR.SHOBY K.FRANCIS RESPONDENT(S): ----------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. SUB INSPECTOR OF POLICE, GURUVAYOOR POLICE STATION, THRISSUR DISTRICT. R1 & R2 BY SR. GOVERNMENT PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 27238 of 2009-Y ------------------------------ Dated this the 29th day of September,2009 J U D G M E N T Heard Sri.Shoby K.Francise, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner is the owner of a mini lorry bearing registration No.KL-10-U-2956 The said vehicle was seized by the second respondent on 23.9.2009 and produced before the first respondent on the allegation that it was used to transport river sand without a valid pass. The grievance voiced by the petitioner in this writ petition is that though he had submitted Ext.P2 representation dated 24.9.2009 before the District Collector, Thrissur seeking interim custody of his vehicle, till date orders have not been passed thereon. In this writ petition, the petitioner inter alia seeks a direction to the first respondent to consider the request made by him in Ext.P2 and pass orders thereon with a time limit to be fixed by this Court. He also seeks other reliefs. 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 the request made by the petitioner for interim custody of the vehicle and passed orders thereon. I accordingly dispose of this writ petition with the following directions: i) The District Collector, Thrissur shall within seven days from the date on which the petitioner produces a certified copy of this judgment pass orders granting interim custody of the vehicle to him on such terms and conditions as he may deem fit to impose. ii) The District Collector 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 within three months from such date after affording the petitioner a reasonable opportunity of being heard. The District Collector shall pass an order giving reasons in support of his conclusions and shall communicate a copy thereof to the petitioner expeditiously. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab