IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 29577 of 2009(N) -------------------------------------- PETITIONER: ------------------- ARUN, S/O.SUKUMARAN, AGED 24 YEARS, THEKKOOTT HOUSE, THAZHEKKAD P.O, THAZHEKKADU VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, (OWNER OF A MINI LORRY BEARING REGISTRATION NO.KL -10-K-6981). BY ADV. MR.P.M.ZIRAJ. RESPONDENTS: ------------------------ 1. THE R.T.O, IRINJALAKKUDA. 2. THE SUB INSPECTOR OF POLICE, IRINJALAKKUDA POLICE STATION. 3. THE DISTRICT COLLECTOR, THRISSUR. R1 TO R3 BY SR. GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.29577 of 2009-N ------------------------------ Dated this the 20th day of October, 2009. J U D G M E N T Heard Sri.P.M.Ziraj, 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 registered owner of a goods vehicle bearing registration No.KL-10-K-6981. The said vehicle was seized by the first respondent on 30.9.2009, on the allegation that it was used to transport river sand without a valid pass and produced before the third respondent. The petitioner submits that seeking interim custody of the vehicle he had submitted Ext.P1 representation dated 1.9.2009 before the District Collector, Thrissur. The grievance voiced by the petitioner in this writ petition is that till date, orders have not been passed on the request made by him in Ext.P1. In this writ petition, the petitioner inter alia seeks a writ in the nature of mandamus commanding the respondents to release the vehicle to him. 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 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. The contentions of the petitioner on the merits are kept open. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab