RAMESH B T S/O RAJAN Vs. DISTRICT COLLECTOR, COLLECTORATE; TAHSILDAR, PONNANI TALUK, TALUK OFFICE; SUB INSPECTOR OF POLICE; THAVANUR GRAMAPANCHAYATH

JUDGEMENT

(1.) Heard Sri. Shoby K.Francise, 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.KRP-7767. The said vehicle was seized by the second respondent on 2.12.2009 and handed over to the third respondent on the allegation that it was used to transport river sand without a valid pass. A report was thereafter submitted to the District Collector, Malappuram. The petitioner thereupon moved the District Collector by filing Ext.P2 application dated 5.12.2009 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 writ in the nature of mandamus commanding the first respondent to consider Ext.P2 application and pass orders thereon granting interim custody of the vehicle to him expeditiously.

(3.) 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 direct release of any vehicle which is seized and produced before him, by way of interim custody. In such circumstances, I dispose of this writ petition with the following directions.