HUSSAIN A v. THE DISTRICT COOLECTOR

P.N.RAVINDRAN, J.-----------------------------W.P(C) No. 26319 of 2009-H ------------------------------Dated this the 5th day of October, 2009 J U D G M E N T Heard Sri. Shoby K.Francise, the learned counsel appearing for thepetitioner and Sri.P.N.Santhosh, the learned Government Pleaderappearing for the respondents.

The petitioner is the owner of a mini lorry bearingregistration No.KL-07-L-2234. The said vehicle was seized by the SubInspector of Police, Valanchery Police Station and produced before thefirst respondent on 21.6.2009, on the allegation that it was used totransport river sand without a valid pass. Thereafter, proceedings wereinitiated against the petitioner under the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007. The petitioner thereupon movedthe Sub Inspector of Police, seeking interim custody of the said vehicle. He thereafter moved the District Collector by submitting Ext.P4representation dated 7.9.2009. The grievance voiced by the petitioner inthis writ petition is that the respondents have no authority to proceedagainst him or his vehicle under the Kerala Anti-Social Activities(Prevention) Act, 2007. In this writ petition, the petitioner inter alia seeksa writ in the nature of mandamus commanding the respondents torelease the vehicle bearing registration No.KL-07-L-2234 to himforthwith. W.P(C) No. 26319 of 2009-H : 2 :

The learned Government Pleader appearing for therespondents submits on instructions that the District Collector has takensteps to proceed against the petitioner and his vehicle under the KeralaProtection of River Banks and Regulation of Removal of Sand Act 2001and the rules framed therein. He also submits that the District Collectorwill consider the petitioner's application for interim custody of the vehicleand pass orders thereon. He further submits that the District Collectorwill finalise the proceedings expeditiously. 3. A learned Single Judge of this Court has in Subramanian V.State of Kerala (2009(1) KLT 77) while upholding the constitutionalvalidity of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 held that the District Collector has the power to directrelease of any vehicle which is seized and produced before him, by way ofinterim custody. Ext.P4 discloses that the petitioner has already movedthe District Collector seeking interim custody of his vehicle. The DistrictCollector should therefore consider the request made by him in Ext.P4and pass orders thereon. I accordingly dispose of this writ petition with the followingdirections:i)The District Collector, Malappuram shall within seven daysfrom the date on which the petitioner produces a certified copy of thisjudgment release the vehicle to the petitioner by way of interim custodysubject to such terms and conditions as he may deem fit to impose. W.P(C) No. 26319 of 2009-H : 3 :ii)The District Collector shall pass final orders in theproceedings initiated by him under the Kerala Protection of River Banksand Regulation of Removal of Sand Act, 2001 and the rules framedthereunder within three months from the date on which the petitionerproduces a certified copy of this judgment after notice to and affordingthe petitioner and the registered owner a reasonable opportunity of beingheard. The contentions of the petitioner on the merits are kept open. Sd/-P.N.RAVINDRANJUDGE //True Copy//PA to Judgeab