V S PRASAD S/O V V SREEDHARAN Vs. CIRCLE INSPECTOR OF POLICE; DISTRICT COLLECTOR; KANNAPPAN; THAHASILDAR

JUDGEMENT

(1.) The petitioners are owners of goods vehicles that were seized and produced before the respective District Collectors on the allegation that their vehicles were used to transport river sand without a valid pass. The petitioners have filed separate applications before the District Collector concerned seeking interim custody of their vehicles.

(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 which is 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:

(3.) The District Collector, Ernakulam shall while considering the case of the petitioner in W.P.(C).32839/2009, 32908/2009 and 32916/2009 enquire and ascertain whether the sand transported in the vehicles belonging the said petitioner was sand purchased by him from the Tahsildar, Vaikom and if the same is correct, take that factor also into account while passing orders in the matter.