IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 29344 of 2009(K) --------------------------------------- PETITIONER: ------------------- JANARDHANAN, S/O.VELU, ULLADASSERY HOUSE, VANIYANNUR, IRINGAVOOR, TIRUR, MALAPPURAM DISTRICT. BY ADV. MR.BABU S. NAIR. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, MALAPPURAM DISTRICT. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2009, ALONG WITH W.P.(C).NOS.29345/2009, 29346/2009, & 29347/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------------------------------------- W.P.(C) Nos. 29344, 29345, 29346 & 29347 of 2009 --------------------------------------------------------------------- Dated 19th October, 2009 Judgment The petitioners are registered owners of goods vehicles. Their vehicles were seized by various Sub Inspectors of Police and produced before the District Collector, Malappuram on various dates on the allegation that their vehicles were used to transport river sand without a valid pass. The petitioners submit that though they had moved the District Collector, Malappuram seeking interim custody of their vehicles by submitting Ext.P1 representation, till date, orders have not been passed thereon. They submit that their vehicles are lying exposed to the elements of nature in the police stations and unless interim custody of their vehicles is given to them, they will be put to serious prejudice. In this writ petition, the petitioners seek a direction to the District Collector, Malappuram to grant interim custody of the vehicles to them. 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 W.P.(C) No.29344, 29345, 29346 & 29347/2009 2 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. I accordingly dispose of these writ petitions with the following directions: (i) The District Collector, Malappuram shall, within one week from the date on which the petitioners produce a certified copy of this judgment before him, release the vehicles to the petitioners on such terms and conditions as he may deem fit to impose; (ii) The District Collector, Malappuram 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 three months from the date on which the petitioners produce a certified copy of this judgment before him, after notice to and affording the petitioners a reasonable opportunity of being heard. P.N.RAVINDRAN Judge vaa