BALAKRISHNAN S/O RAGHAVAN; ANISH S/O KUNJUMANI; PRAKASAN S/O KUTTAN Vs. DISTRICT COLLECTOR; VILLAGE OFFICER, PALLASSENA; TAHSILDAR, CHITTUR

JUDGEMENT

(1.) The petitioners are owners of goods vehicles (autorickshaw) that were seized by the second respondent and produced before the District Collector, Palakkad on 31.10.2009 on the allegation that they were used to transport river sand without a valid pass. The petitioners thereupon submitted Exts. P5, P6 and P7 representations dated 11.11.2009 before the District Collector seeking interim custody of their vehicles. The grievance voiced by the petitioner 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 seized 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 Dist rict Collector has the power to release any vehicle seized and produced before him, by way of interim custody. In such circumstances, as the petitioners have moved the District Collector in writing seeking interim custody of their vehicles, I dispose of this writ petition with the following directions: