IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 27668 of 2009(C) ---------------------------------------- PETITIONER(S): ------------------------- SASI.A.K.,S/O.KUNJAN KRISHNAN, 7/622,ATHIMATTATHIL HOUSE, NEMMARA,PALAKKAD. BY ADVS. MR.H.BADARUDDIN, SMT.AYSHA RAHMAN, SMT.B.SHAMEERA, SMT.M.ARCHANA, SMT.M.SHAZIA SULTHANA. RESPONDENT(S): ---------------------------- 1. THE DISTRICT COLLECTOR,PALAKKAD. 2. STATION HOUSE OFFICER, KOLLENGODE,PALAKKAD. R1 & R2 BY SR.GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 1/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.27668 of 2009 - C ---------------------------------------- Dated 1st October, 2009 Judgment The petitioner is the registered owner of a tractor bearing registration No.KL-08/Q 7153. It is stated that the said vehicle was seized by the second respondent and produced before the District Collector, Palakkad on 31.7.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner submits that though he had repeatedly requested the District Collector to grant interim custody of the vehicle to him, till date, no orders have been passed in the matter. In this writ petition, the petitioner seeks a direction to the respondents to release the tractor described in Ext.P1 registration certificate together with the sand carried in it to him. 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, the W.P.(C) No.27668/2009 2 petitioner ought to have moved the District Collector in writing seeking interim custody of his vehicle instead of moving this Court. I accordingly dispose of this writ petition with the following directions: (i) The District Collector, Palakkad shall, within ten days from the date on which the petitioner submits an application in writing seeking interim custody of his vehicle, release the vehicle to him on such terms and conditions as he may deem fit to impose; (ii) The District Collector, Palakkad 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 petitioner produces a certified copy of this judgment before him after notice to and affording the petitioner a reasonable opportunity of being heard. P.N.RAVINDRAN Judge vaa