IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 26437 of 2009(Y) -------------------------------------- PETITIONER(S): ---------------------- V.K. NOUFAL, S/O.V. KOYATTY, VAYAPPURATH HOUSE, P.O.MAYANDU, KOZHIKODE. BY ADV. MR.M.SHAJU PURUSHOTHAMAN MR.K.S.RAJESH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY THE SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE S.I OF POLICE, POLICE STATION, AGALY. R1 TO R3 BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.26437 of 2009-Y ------------------------------ Dated this the 18th day of September, 2009. J U D G M E N T Heard Sri.M.Shaju Purushothaman, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is a licensed PWD contractor and also the owner of a goods vehicle bearing registration No.KL 11 W 9459. He had transported river sand purchased by him from the state of Tamil Nadu in the said vehicle for the purpose of executing a work undertaken by him. While the vehicle was proceeding to the work site, it was seized by the third respondent Sub Inspector of Police, on 14.9.2009 and produced before the District Collector, Palakkad. The petitioner submits that though he had made available the documents evidencing purchase of sand from a dealer in Tamil Nadu and also documents proving his ownership of vehicle, the vehicle and the sand carried in it were not released to him. In this writ petition, the petitioner inter alia seeks a direction to respondents 2 and 3 to release the vehicle together with the sand carried therein. 3. A learned Single Judge of this Court has in Subramanian V. State of Kerala (2009(1) KLT 77) while upholding the constitutional W.P(C) No.26437 of 2009-Y 2 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 that view of the matter I am of the opinion that the petitioner ought to have moved the District Collector, instead of seeking the intervention of this Court. 4. I accordingly dispose of this writ petition with a direction that in the event of the petitioner filing an appropriate representation before the District Collector, Palakkad, the District Collector shall within seven days therefrom grant interim custody of the vehicle to him subject to such terms and conditions as he may deem fit to impose. The petitioner shall hold the vehicle under interim custody subject to the further orders to be passed in the proceedings initiated against him under the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001. The petitioner shall not transfer or otherwise dispose of the vehicle or encumber it and shall keep it in good repair. The District Collect shall also pass final orders in the matter, within three months from the date on which the petitioner produces a certified copy of this judgment after affording the petitioner a reasonable opportunity of being heard. Sd/- P.N.RAVINDRAN, JUDGE //True Copy// PA to Judge ab