IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23415 of 2009(V)
1. CHUNGATH SIDDIQUE, SON OF KUNHUTTI,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE TAHSILDAR,
3. THE SUB INSPECTOR OF POLICE,
4. THE STATE OF KERALA,
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :17/08/2009
O R D E R
V.GIRI, J
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W.P.(C).23415 of 2009
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Dated this the 17th day of August, 2009
JUDGMENT
The vehicle belonging to the petitioner bearing
registration No.KL-10/U-1327, was seized on
04.12.2008. 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’s
explanation was not accepted and Ext.P1 order was
passed directing that the vehicle be released on interim
custody subject to certain conditions. This has been
challenged in this writ petition. Petitioner has mounted
a challenge against the validity of Section 17 of the
Kerala Anti Social Activities (Prevention) Act, 2007.
2. 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
W.P.(C) No.23415/09
:: 2 ::
Protection of River Banks and Regulation of Removal of
Sand Act, 2001. The Division Bench has issued 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.
3. Accordingly, Ext.P1 shall stand set aside
and the writ petition is disposed of in the following
terms.
W.P.(C) No.23415/09
:: 3 ::
(i). Petitioner shall deposit an amount of
Rs.25,000/-, with the District Collector
and there upon, the vehicle in question
bearing registration No.KL-10/U-1327
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/U-1327, 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
04.12.2008.
(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 date on which the vehicle is
W.P.(C) No.23415/09
:: 4 ::
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.
Sd/-
(V.GIRI)
Judge
sk/-
//true copy//
P.S. to Judge