IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 2040 of 2009(P) 1. E. FIROZ BABU, ... Petitioner Vs 1. THE SUB INSPECTOR OF POLICE, ... Respondent 2. THE DISTRICT SUPERINTENDENT OF POLICE, 3. THE DISTRICT COLLECTOR, 4. STATE OF KERALA, REPRESENTED BY THE For Petitioner :SRI.SUNNY MATHEW For Respondent : No Appearance The Hon'ble MR. Justice ANTONY DOMINIC Dated :21/01/2009 O R D E R ANTONY DOMINIC, J. ============== W.P.(C) NO. 2040 OF 2009 (P) IN W.P.(C) NO. 2096 OF 2009 (Y) ==================== Dated this the 21st day of January, 2009 J U D G M E N T
In these writ petitions, the complaint is regarding the detention of
vehicle Nos.KL-11 X 1131 and KL-10 V/5063 under the provisions of the
Kerala Anti Social Activities (Prevention) Act, 2007. Petitioners seek
release of the vehicles.
2. Considering the identical issues raised in a batch of writ
petitions, a learned Judge of this Court disposed of the writ petitions by
judgment dated 11th of December 2008, with the following directions.
(1) The District Collector shall within one week from the
date of receipt of a copy of this judgment, send notice to
the petitioners in these cases, clearly indicating the
grounds, if any, on the basis of which, they propose to
hold that the vehicle in question was or is apprehended
that it would be used for Anti Social Activities within the
meaning of the Act.
(2) A minimum of 7 days time must be granted to the
petitioners to file objections thereto.
WPC 2040 & 2096/09
(3) The District Collector shall then post these cases
before him for a hearing, latest within 10 days from the
date on which the objections are received from the
owner/possessor and the owner/possessor shall be heard.
(4) The proceedings under Section 17(3) shall be
passed, latest, within 3 weeks from the date on which
such objections are filed.
(5) In case, the Collector feels that the confiscation of
the vehicle is not necessary or that he is satisfied that the
vehicle is unlikely to be used for Anti Social Activities or
illegal activities, then it is open to him to pass orders for
release of the same.
In view of the above, these writ petitions are disposed of directing
that the authorities concerned shall take action in terms of the aforesaid
directions issued by this court.
ANTONY DOMINIC, JUDGE