IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 27247 of 2009(A) -------------------------- PETITIONER: --------------- SURESH BABU, S/O.KUMARAN, NALIYATHIL HOUSE, VALAVANNOR P.O., TIRUR TALUK, MALAPPURAM. BY ADV. SRI.JAMSHEED HAFIZ SRI.SAJU.S.A RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. S.I.OF POLICE, TIRUR, MALAPPURAM DISTRICT. BY SR. GOVT. PLEADER SRI.P.N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 27247 OF 2009 -------------------------- Dated this the 29th day of September, 2009 J U D G M E N T Heard Sri.S.A.Saju, 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 owner of a goods vehicle bearing registration No.KL-10-7350. The petitioner claims that he is in possession of the said vehicle under an agreement for sale executed by the registered owner. It is stated that the petitioner's vehicle was seized by the second respondent and produced before the first respondent on 18.9.2009 on the ground that it was used to transport river sand without a valid pass. The grievance voiced by the petitioner is that, till date, notwithstanding his repeated requests, the District Collector, Malappuram, has not granted interim custody of the vehicle to him. In this writ petition, the petitioner seeks a direction to the respondents to release the vehicle to him by way of interim custody. 3. A learned Single Judge of this Court has in Subramanian W.P.(C) No. 27247/09 2 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, it is for the petitioner to move the District Collector, Malappuram, seeking interim custody of the vehicle. The petitioner has however not moved the District Collector seeking interim custody of the vehicle. I accordingly dispose of this writ petition with the following directions. (i) The District Collector, Malappuram, shall, within 10 days from the date on which the petitioner produces a certified copy of this judgment and moves him for interim custody of the vehicle, issue orders granting interim custody of the vehicle to the petitioner on such terms and conditions as he may deem fit to impose. (ii) The District Collector, Malappuram, shall give notice to the registered owner before granting interim custody of the vehicle to the petitioner. The petitioner shall, in order to enable the District Collector to act as directed above, produce before him a photostat W.P.(C) No. 27247/09 3 copy of the certificate of registration. (iii) 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 petitioner and the registered owner, a reasonable opportunity of being heard. P.N.RAVINDRAN, JUDGE vps “KL-10-7350” occurring in the 2nd line of the 2nd paragraph of the judgment dated 29/09/2009 in WP(C) 27247/2009 is corrected as “KL-10B-7350” as per order dated 25/11/2009 in I.A. 14376/2009. Sd/- Registrar (Judicial)