IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16603 of 2009(U)
1. P.P.SUNDARAN, S/O.NARAYANAN,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.C.M.MOHAMMED IQUABAL
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :20/10/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No.16603 of 2009 – U
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Dated 20th October, 2009
Judgment
Heard Sri.C.M.Mohammed Iquabal, the learned counsel
appearing for the petitioner and Sri.P.N.Santhosh, the learned
Government Pleader appearing for the respondents.
2. The petitioner is the registered owner of a goods
vehicle bearing registration No.KL/11E 6156. The said vehicle
was seized by the Sub Inspector of Police and produced before
the District Collector, Malappuram on 30.1.2009 on the ground
that it was used to transport river sand without a valid pass.
Thereafter, proceedings were initiated against the
petitioner/petitioner’s vehicle under the provisions of the Kerala
Anti-Social Activities (Prevention) Act, 2007. That culminated
in Ext.P3 order dated 6.6.2009 by which the District Collector
ordered confiscation of the petitioner’s vehicle. The District
Collector also directed that in the event of the petitioner
remitting the sum of Rs.60,000/- in lieu of confiscation, the
vehicle will be released to him after unloading the sand. Ext.P3
W.P.(C) No.16603/2009 2
is under challenge in this writ petition. The petitioner contends
that proceedings cannot be initiated against him or his vehicle
under the provisions of the Kerala Anti-Social Activities
(Prevention) Act, 2007 and therefore Ext.P3 order is liable to be
set aside.
3. A Division Bench of this Court has in Abdul Majeed v.
District Collector (supra) held that section 17 of the Kerala
Anti-Social Activities (Prevention) Act, 2007 cannot be invoked
against owners of vehicles carrying river sand without a valid
pass. The Division Bench held that action, if any, can be taken
only under the provisions of the Kerala Protection of River
Banks and Regulation of Removal of Sand Act, 2001 and the
rules framed thereunder. In the light of the decision of the
Division Bench of this Court in Abdul Majeed v. District
Collector (supra), it has to be necessarily held that Ext.P3
order passed by the District Collector, Malappuram under the
provisions of the Kerala Anti-Social Activities (Prevention) Act,
2007 is without the sanction or authority of law.
W.P.(C) No.16603/2009 3
4. In Abdul Majeed v. District Collector (supra), the
Division Bench of this Court had also directed that if the District
Collector intends to proceed under the Kerala Protection of
River Banks and Regulation of Removal of Sand Act, 2001, such
proceedings shall be initiated within one month from the date
on which a copy of the judgment is produced before him. In
that case, the vehicle involved had already been released, by
way of interim custody pursuant to the interim orders passed
by this Court on payment of the sum of Rs.25,000/- and the
execution of a bond wherein the owner of the vehicle had
undertaken not to alienate, encumber or otherwise dispose of
the vehicle. In such circumstances, the Division Bench directed
the District Collector to proceed against the vehicle under the
Kerala Protection of River Banks and Regulation of Removal of
Sand Act, 2001 and the rules framed thereunder within a
period of one month from the date of receipt/production of a
copy of the judgment. This Court also directed that if such
proceedings are not initiated within the said time limit, the
release of the vehicle pursuant to the interim orders passed by
this Court shall be treated as unconditional, the amounts
W.P.(C) No.16603/2009 4
deposited by the vehicle owner released and that the
conditions imposed shall stand vacated. In cases where,
vehicles had not been released by way of interim custody, this
Court held that the vehicles shall be released to the owners on
conditions imposed by this Court, namely payment of the sum
of Rs.25,000/- and the execution of a bond undertaking that the
vehicles will not be alienated, encumbered or otherwise
disposed of. In the light of the directions issued by the Division
Bench in Abdul Majeed v. District Collector (supra), I
dispose of this writ petition with the following directions:
(i) Ext.P3 order issued under the Kerala Anti-Social
Activities (Prevention) Act, 2007 shall stand quashed;
(ii) The District Collector, Malappuram shall release the
petitioner’s vehicle to him by way of interim custody on the
petitioner depositing the sum of Rs.25,000/- and executing a
bond undertaking that he will not encumber the vehicle or
alienate or otherwise dispose of the same. The vehicle shall be
released to the petitioner on the day he deposits the sum of
Rs.25,000/- and executes the bond;
W.P.(C) No.16603/2009 5
(iii) The District Collector, Malappuram shall within one
month from the date on which a certified copy of this judgment
is produced before him or received by him also decide whether
proceedings should be initiated against the petitioner’s vehicle
under the Kerala Protection of River Banks and Regulation of
Removal of Sand Act, 2001 and the rules framed thereunder. If
the District Collector initiates such proceedings, the same shall
be finalised within two months thereafter, after affording the
petitioner a reasonable opportunity of being heard. The
contentions of the petitioner on the merits are kept open. If
within the said period of one month, the District Collector does
not initiate such proceedings, the release of the vehicle to the
petitioner shall be treated as unconditional, the money
deposited by him shall be refunded and the bond executed by
him shall stand revoked.
P.N.RAVINDRAN
Judge
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