Loading...

E. Firoz Babu vs The Sub Inspector Of Police on 21 January, 2009

Kerala High Court
E. Firoz Babu vs The Sub Inspector Of Police on 21 January, 2009
       

  

  

 
 
  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
:2 :

(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
Rp

Leave a Comment

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

Cookies help us deliver our services. By using our services, you agree to our use of cookies. More Information