IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 32916 of 2009(H) -------------------------- PETITIONER(S): --------------- V.S.PRASAD,S/O.V.V.SREEDHARAN, AGED 43, BLOCK NO.2 DO, STAR APARTMENT, THRIPPUNITHRA P.O. NADAMA VILLAGE, KANAYANNUR TALUK,ERNAKULAM DISTRICT (OWNER OF ALORRY BEARING REGISTRATION NO.KL-39-A-4149) BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, MULANTHURUTHY POLICE STATION. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. KANNAPPAN, CLERK, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STTION, KAKKANADU, ERNAKULAM. 4. THE THAHASILDAR, VAIKOM TALUK, KOTTAYAM DISTRICT. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009, ALONG WITH W.P.(C).32959/09 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C)s.32916, 32959, 32908, 32906 & 32839 of 2009 -------------------- Dated this the 17th day of November, 2009 JUDGMENT The petitioners are owners of goods vehicles that were seized and produced before the respective District Collectors on the allegation that their vehicles were used to transport river sand without a valid pass. The petitioners have filed separate applications before the District Collector concerned seeking interim custody of their vehicles. The grievance voiced by the petitioners is that till date orders have not been passed on the applications. In these writ petitions, the petitioners seek a direction to the respondents to release their vehicles by way of interim custody. 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 which is seized and produced before him, by way of interim custody. In such circumstances, as the petitioners have moved the District Collector in writing seeking interim custody of their vehicles, I dispose of this writ petition with the following directions: W.P.(C).32916/09 & Connected Cases 2 (i). The District Collector concerned shall, within one week from the date on which the petitioners produce a certified copy of this judgment before him, grant interim custody of the vehicles to the petitioners on such terms and conditions as he may deem fit. (ii). The District Collector concerned 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 two 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. 3. The District Collector, Ernakulam shall while considering the case of the petitioner in W.P.(C).32839/2009, 32908/2009 and 32916/2009 enquire and ascertain whether the sand transported in the vehicles belonging the said petitioner was sand purchased by him from the Tahsildar, Vaikom and if the same is correct, take that factor also into account while passing orders in the matter. P.N.RAVINDRAN, Judge mrcs