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. 29342 of 2009(K) ---------------------------------------- PETITIONER(S): ------------------------ VIVEKANADAN, S/O.MADHUSOODANAN, AGED 35 YEARS, CHENGOTTUR KOTTAPPURAM, PONMALA, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADVMR.P.SAMSUDIN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE DISTRICT COLLECTOR, CIVIL STATION, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, KOLATHUR. BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 29342 of 2009 - K ---------------------------------------- Dated 19th October, 2009 Judgment The petitioner is the owner of a goods vehicle bearing registration No.KL/11U - 3472 under Ext.P2 agreement for sale entered into with the registered owner. The said vehicle was seized by the third respondent Sub Inspector of Police and produced before the District Collector, Malappuram on 7.10.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereupon moved the District Collector by submitting Ext.P3 representation dated 10.10.2009 seeking interim custody of the vehicle. The grievance voiced by the petitioner in this writ petition is that till date, orders have not been passed thereon granting interim custody of the vehicle to him. In this writ petition, the petitioner seeks a writ in the nature of a mandamus commanding the District Collector, Malappuram to give interim custody of the vehicle described in Ext.P1 registration certificate to him. W.P.(C) No.29342/2009 2 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. I accordingly dispose of this writ petition with the following directions: (i) The District Collector, Malappurm shall, within one week from the date on which the petitioner produces a certified copy of this judgment, release the vehicle to the petitioner by way of interim custody on such terms and conditions as he may deem fits 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 petitioner produces a certified copy of this judgment before W.P.(C) No.29342/2009 3 him, after notice to and affording the petitioner and the registered owner a reasonable opportunity of being heard. P.N.RAVINDRAN Judge vaa