IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 29076 of 2009(D) -------------------------- PETITIONER: --------------- MOIDUTTY K.A., S/O. ABUBACKER, KADAVATH HOUSE, KALLADIKKODE POST, MANNARKKAD, PALAKKAD DIST. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD. 2. THE SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION. GOVERNMENT PLEADER SRI.P.NARAYAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------------ W.P.(C)No.29076 of 2009 ----------------------------------------- Dated this the 15th day of October, 2009 JUDGMENT The petitioner is the registered owner of a goods vehicle bearing registration No.KL-50-8519. The said vehicle was seized and produced before the District Collector, Palakkad on 18/7/2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereafter moved the District Collector by filing Ext.P2 representation dated 9/10/2009 seeking interim custody of his vehicle. In this writ petition, the petitioner seeks a direction to the District Collector to grant him interim custody of the vehicle. 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 direct release of any vehicle which is seized and produced before him, by way of interim custody. In my opinion, since the petitioner has already W.P.(C)No.29076 of 2009 2 moved the District Collector seeking interim custody of his vehicle, the District Collector is bound to take a decision thereon expeditiously. I accordingly dispose of this writ petition with a direction to the District Collector, Palakkad to consider the request made by the petitioner in Ext.P7 representation for interim custody of his vehicle bearing registration No.KL-50-8519 and pass orders thereon granting interim custody within one week from the date on which the petitioner produces a certified copy of this judgment before him, subject to such terms and conditions as he may deem fit to impose. The District Collector shall also pass final orders in the matter, within three months from the said date, after affording the petitioner a reasonable opportunity of being heard. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, JUDGE skj.