IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 31480 of 2009(D) -------------------------- PETITIONER(S): --------------- SAINUL ABID, AGED 26 YEARS, S/O. ABBAS, AMBALAVATTATH HOUSE, PURAMANOOR P.O., VALANCHERRY, MALAPPURAM BY ADV. SRI.ESM.KABEER SRI.ABDUL MAJEED.N RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. SUB INSPECTOR OF POLICE, VALANCHERRY. BY GOVT. PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2009 ALONG WITH W.P.(C) No. 31550/09 & 31552/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) Nos. 31480, 31550 & 31552 OF 2009 -------------------------- Dated this the 5th day of November, 2009 J U D G M E N T Heard Sri. E.S.M.Kabeer, the learned counsel appearing for the petitioners and Sri. P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioners in these writ petitions are owners of goods vehicles that were seized and produced before the District Collector, Malappuram, on the ground that they were used to transport river sand without a valid pass. The grievance voiced by the petitioners in these writ petitions is that though they had requested the District Collector, Malappuram, seeking interim custody of their vehicles, till date, orders have not been passed thereon. In these writ petitions, the petitioners seek a writ in the nature of mandamus commanding the respondents to grant interim custody of their vehicles to them expeditiously. 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 W.P.(C) No. 31480/09 & Conn. Cases 2 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 consider the petitioners' applications and pass orders thereon expeditiously. I accordingly dispose of this writ petition with the following directions. (i) The District Collector, Malappuram, shall, within 7 days from the date on which the petitioners produce a certified copy of this judgment, issue orders granting interim custody of the vehicle to them on such terms and conditions as he may deem fit to impose. (ii) The District Collector, Malappuram, shall pass final orders in the proceedings initiated by him within three months from such date, after notice to and affording the petitioners, a reasonable opportunity of being heard. The District Collector, Malappuram, shall after final orders are passed, communicate a copy thereof to the petitioners expeditiously. The contentions of the petitioners on the merits are kept open. P.N.RAVINDRAN, JUDGE vps