JOSHI, S/O KRISHNAN Vs. THE DISTRICT COLLECTOR; THE CIRCLE INSPECTOR OF POLICE; THE SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) Heard Sri.Harish R. Menon, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents.

(2.) The petitioner is the registered owner of a goods vehicle bearing registration No. KL/48 - 1956. The said vehicle was seized by the Police and produced before the District Collector, Thrissur on 4.11.2009 on the allegation that it was used to transport river sand without a valid pass. According to the petitioner, the sand carried in the vehicle was not river sand, but ordinary sand covered by Ext.P3 pass. In this writ petition, the petitioner challenges the seizure of his vehicle and the proceedings initiated against him and his vehicle. He seeks a direction to the respondents to pass final orders in the proceedings initiated by them. He also seeks interim custody of the vehicle pending such determination.

(3.) The pleadings disclose that the petitioner has not till date moved the District Collector seeking interim custody of his W.P.(C) No.31786/2009 vehicle. 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, the petitioner ought to have moved the District Collector in writing seeking interim custody of his vehicle instead of moving this Court. I accordingly dispose of this writ petition with the following directions: