IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 26166 of 2009(M) ------------------------------------ PETITIONER(S): ------------------------ SREEJESH, AGED 28 YEARS,S/O.BALAN,KARIYAMPARAMBIL HOUSE, MARANCHERI AMSOM,PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. MR.JOBI JOSE KONDODY RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR,MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, PERUMBADAPPU POLICE STAION, VANNERI,MALAPPURAM DISTRICT. BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.26166 of 2009-M ------------------------------ Dated this the 17th day of September, 2009. J U D G M E N T Heard Sri.Jobi Jose Kondody, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is the owner of a mini lorry bearing registration No.KL-9N 6395. The vehicle stands registered in the name of Sri.Abdul Salam. The petitioner states that he purchased the said vehicle from the registered owner on 29.5.2008 and that he is the owner of the vehicle ever since 29.5.2008. The petitioner states that the said vehicle was seized by the second respondent, on 13.9.2009, on the allegation that it was used to transport river sand without a valid pass and produced before the District Collector, Malappuram. The petitioner submits that his vehicle was illegally seized and proceedings initiated against him under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 for no justifiable reason. The petitioner also contends that the sand that was carried in his lorry was supported by a valid pass. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the first respondent to release the goods vehicle bearing Registration No. KL-9N 6395 to him. W.P(C) No.26166 of 2009-M 2 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 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, the petitioner should move the first respondent seeking interim custody of the vehicle instead of seeking the intervention of this Court. I accordingly dispose of this writ petition with the following directions: a) The District collector, Malappuram, shall in the event of the petitioner filing a petition before him seeking interim custody of the vehicle, issue orders within ten days therefrom, granting interim custody of the vehicle to the petitioner on such terms and conditions as he may deem fit to impose. (b) The District Collector, Malappuram 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, with notice to the petitioner and after affording him a reasonable opportunity of being heard, within four months from today. Sd/- P.N.RAVINDRAN ab JUDGE W.P(C) No.26166 of 2009-M 3 ab