THOMAS Vs. DISTRICT COLLECTOR; S I OF POLICE

JUDGEMENT

(1.) The petitioner is the owner of a goods vehicle bearing registration No.KL-04-U-4282. The said vehicle was seized by the second respondent and produced before the District Collector, Ernakulam on 06.11.2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereupon submitted Ext.P1 representation dated 10.11.2009 before the District Collector seeking interim custody of his vehicle. The grievance voiced by the petitioner is that, till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to the respondents to release the seized vehicle to him 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 seized and produced before him, by way of interim custody. In such circumstances, as the petitioner has moved the District Collector in writing seeking interim custody of his vehicle, I dispose of this writ petition with the following directions: