SABARI JITHESH Vs. TAHSILDAR; DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner is the registered owner of a goods vehicle bearing registration No.KL-10-R-8020 . The said vehicle was seized by the first respondent and produced before the District Collector, Malappuram on 20/10/2009 on the allegation that it was used to transport river sand without a valid pass. The petitioner thereupon filed Ext.P3 representation dated 23/10/2009 before the District Collector, Malappuram seeking interim custody of his vehicle. The grievance voiced by the petitioner in this writ petition 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 W.P.(C).No.32161/2009 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, I dispose of the writ petition with the following directions: