IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 26692 of 2009(F) -------------------------- PETITIONER(S): --------------- ISMAYIL K, S/O.ABOOBACKER, KULLIYILPARAMB, PARAMBIL PO, MERIKUNNU, KOZHIKODE DIST. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, MALAPPURAM DIST. 2. THE TAHSILDAR, ERNAD, MALAPPURAM DIST. 3. P.SUNIL, THE LOWER DIVISION CLERK, TALUK OFFICE, ERNAAD,MANJERI. 4. THE STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANATHAPURAM. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ```````````````````````````````` W.P.(C) No. 26692 of 2009 F ````````````````````````````````` Dated this the 23rd day of September, 2009 J U D G M E N T Heard Sri.K.M.Firoz, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the State of Kerala. 2. The petitioner is the registered owner of a tipper lorry bearing registration No.KL-11-Y-6106. The said vehicle was seized by the third respondent on 08.08.2009, on the allegation that it was used to transport river sand without a valid pass. After such seizure, the vehicle was produced before the District Collector, Malappuram. The grievance voiced by the petitioner in this writ petition is that till date, orders have not been passed on Ext.P2 application for interim custody of his vehicle. In this writ petition, the petitioner challenges the constitutional validity of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and also Rules 27, 28 and 29 of the Rules thereunder. The petitioner also seeks a direction to the first respondent to consider his request in Ext.P2 representation for interim custody of the vehicle bearing registration No.KL-11-Y-6106 and WPC.26692/09 : 2 : pass orders thereon within a time limit to be fixed by this Court. 3. When this writ petition came up for admission today, the learned counsel appearing for the petitioner submitted that leaving open the petitioner's right to challenge the constitutional validity of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and also Rules 27, 28 and 29 of the Rules thereunder, this writ petition may be disposed of with a direction to the District Collector, Malappuram, to expeditiously consider the petitioner's request in Ext.P2 representation for interim custody of his vehicle. 4. A learned Single Judge of this Court has in Subramanian Vs. State of Kerala [2009 (1) KLT 77] while upholding the constitutional validity of Section 23 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 the light of the decision of this Court in Subramanian Vs. State of Kerala, the District Collector will necessarily have to consider the request made by the petitioner in Ext.P2 for interim custody of his vehicle and pass orders thereon. I accordingly dispose of this writ petition with the following WPC.26692/09 : 3 : directions:- The District Collector, Malappuram shall consider Ext.P2 representation submitted by the petitioner for interim custody of his vehicle and pass orders thereon within ten days from the date on which the petitioner produces a certified copy of this judgment before him. The District Collector shall also pass final orders in the proceedings initiated by him under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, within four months from today, after notice to and affording the petitioner a reasonable opportunity of being heard. The District Collector shall, after final orders are passed in the matter, communicate a copy thereof to the petitioner. (P.N. RAVINDRAN, JUDGE) aks