IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21264 of 2009(C)
1. SALIM, S/O.SALI, AGED 28 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DISTRICT MAGISTRATE,
3. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.P.SAMSUDIN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :14/08/2009
O R D E R
V.GIRI, J
-------------------
W.P.(C).21264/2009
--------------------
Dated this the 14th day of August, 2009
JUDGMENT
District Collector is suo motu impleaded as additional
4th respondent.
2. The vehicle belonging to the petitioner bearing
registration No.KL-10-E-7306, was seized on 23.3.2009.
Thereafter, proceedings were initiated under Section 17 of
the Kerala Anti Social Activities (Prevention) Act, 2007,
alleging that the vehicle was used for illicit transportation
of river sand. Petitioner has mounted a challenge against
the validity of Section 17 of the Kerala Anti Social Activities
(Prevention) Act, 2007.
3. A Division Bench of this Court in Writ Petition
No.9925/2009 and connected cases, has declared that the
vehicles cannot be seized for transportation of river sand
relying on the vague provisions of Section 17 of the Act. In
such cases, they have to be dealt with under Section 23 of
the Kerala Protection of River Banks and Regulation of
Removal of Sand Act, 2001. The Division Bench has issued
W.P.(C).21264/09
2
the following directions.
“The confiscation order, if any, passed
in any of the cases will stand quashed. In
all cases, irrespective of whether there
was a confiscation order or not, the District
Collector shall decide whether proceedings
under the Kerala Protection of River Banks
and Regulation of Removal of Sand Act and
the Rules thereunder should be initiated
against the vehicle concerned, within one
month from the date of receipt/production
of a copy of this judgment. If proceedings
are initiated, the same shall be finalised
within one month. If the petitioners desire
release of their vehicles, which are not so
far released, pending final decision, the
same shall be released to them forthwith by
the District Collector, subject to the
conditions imposed by this Court for
releasing the vehicle in W.P.(C).9925 of
2009.
4. Accordingly, writ petition is disposed of in the
following terms.
(i). Petitioner shall deposit an amount of
Rs.25,000/-, with the District Collector and
W.P.(C).21264/09
3
there upon, the vehicle in question bearing
registration No.KL-10-E-7306 shall be
forthwith released to the petitioner.
(ii). But such release of the vehicle shall not
prevent the District Collector or the Revenue
Officials taking proceedings against the
vehicle under the provisions of Section 23 of
the Kerala Protection of River Banks and
Regulation of Removal of Sand Act, 2001.
District Collector shall, within one month
from the date of receipt of a copy of this
judgment, take a decision whether
proceedings will have to be initiated, in the
instant case, in relation to the vehicle bearing
registration No.KL-10-E-7306 , under Section
23 of the Act.
(iii). Such proceedings, if initiated, shall be
done within one month from the date on which
the vehicle is released and if it is not so
initiated within one month, then, it will not be
open to the respondents to thereafter initiate
proceedings under the Act, in relation to the
seizure effected on 23.3.2009.
(iv). Vehicle, if released on interim custody,
shall not be used for transportation of sand for
a period of one month. If within the
aforementioned period of one month from the
W.P.(C).21264/09
4
date on which the vehicle is released,
proceedings under the Act are not initiated as
permitted herein above, then it will be open
to the petitioner to use it in accordance with
law.
(v). If such proceedings are not initiated,
Rs.25,000/- deposited by the petitioner shall
be refunded to him. Initiation of proceedings
under the Act, shall be done by the issuance
of a notice from the office of the District
Collector.
(vi). Vehicle shall not be alienated or
encumbered for a period of one month from
the date of release of the vehicle on interim
custody as permitted and such condition shall
continue to operate till the proceedings
initiated by the District Collector are disposed
of, if such proceedings are initiated within the
time frame mentioned above.
V.GIRI,
Judge
mrcs