IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 33530 of 2009(I) -------------------------- PETITIONER(S): --------------- SHIJU V.S., S/O.SOMAN, AGED 25 YEARS, BUSINESS, VAIKKOMPARAMBIL, CHEMPU P.O., CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT (OWNER OF A MINI LORRY BEARING REGN. NO. (KL-36-9625). BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, THRIPPUNITHURA POLICE STATION. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. KANNAPPAN, CLERK, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANADU, ERNAKULAM. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2009, ALONG WITH W.P.(C).33560/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).33530 & 33560 of 2009 -------------------- Dated this the 23rd day of November, 2009 JUDGMENT The petitioners are registered owners of goods vehicles that were seized by the first respondent on the allegation that they were used to transport river sand without a valid pass. A report was thereafter submitted before the District Collector, Ernakulam regarding the seizure of the vehicles. The petitioners thereupon moved the District Collector, Ernakulam by submitting Ext.P1 representation dated 19.11.2009 seeking interim custody of their vehicles. The grievance voiced by the petitioners is that till date orders have not been passed thereon. In this writ petition, the petitioners seek a direction to the respondents to release the vehicles to them 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 W.P.(C).33530 & 33560/09 2 interim custody. In such circumstances, as the petitioners have moved the District Collector in writing seeking interim custody of his vehicle, I dispose of these writ petitions with the following directions: (i). The District Collector, Ernakulam, shall, within one week from the date on which the petitioners produce a certified copy of this judgment before him, grant interim custody of their vehicles on such terms and conditions as he may deem fit to impose. (ii). The District Collector, Ernakulam, 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. P.N.RAVINDRAN, Judge mrcs