IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23729 of 2009(I)
1. RASHEED.C.H., S/O.HASSANKUTTY,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED
... Respondent
2. THE DISTRICT MAGISTRATE, CIVIL STATION,
3. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.P.SAMSUDIN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :24/08/2009
O R D E R
V.GIRI, J
.......................
W.P.(C).23729/2009
.......................
Dated this the 24th day of August, 2009
JUDGMENT
The vehicle belonging to the petitioner bearing
registration No.KL-53-3498 was seized by the 3rd respondent
allegedly under the provisions of the Kerala Anti Social
Activities (Prevention) Act, 2007. This has been challenged
by the petitioner in this writ petition.
2. Learned Government Pleader, on instructions, submits
that seizure of the vehicle was effected under the provisions
of the Kerala Anti Social Activities (Prevention) Act, 2007.
Thereafter, a crime was registered for the offences under the
Kerala Protection of River Banks and Regulation of Removal
of Sand Act, and the papers have been forwarded to the
jurisdictional Magistrate.
3. Seizure of the vehicle under the provisions of the
Kerala Anti Social Activities (Prevention) Act is declared as
illegal following the dictum laid down by a Division Bench of
this Court in Abdul Majeed v. District Collector
(2009 (3) KLT 459). It is open to the petitioner to move
W.P.(C).23729/09
2
the District Collector along with a copy of the judgment for
release of the vehicle and in such circumstances, the
vehicle bearing registration No.KL-53-3498 shall be
released to him on payment of an amount of Rs.25,000/- and
subject to further condition that the vehicle shall not be
used for transportation of sand for a period of one month
from the date of release of the vehicle. If the District
Collector is desirous of initiating proceedings in relation to
the vehicle under the provisions of the Sand Act, then
notice intimating the same shall be issued to the petitioner
within one month from the date of release of the vehicle. If
it is not so initiated, Rs.25,000/- deposited by the petitioner
for the purpose of securing the release of the vehicle, shall
be refunded to him. If proceedings are initiated, then it
shall be completed in accordance with law within three
months thereafter. Petitioner shall be liable to produce the
vehicle as and when directed by the District Collector.
Writ petition is disposed of as above.
V.GIRI,
Judge
mrcs