IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22556 of 2009(L)
1. SUBAIR.K.P., S/O.CHEKKU,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
3. SUNIL.T., S/O.THANKAPPAN,
For Petitioner :SRI.SHOBY K.FRANCIS
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :07/08/2009
O R D E R
V.GIRI, J
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W.P.(C).22556/2009
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Dated this the 7th day of August, 2009
JUDGMENT
The vehicle belonging to the petitioner
bearing registration No.KL-08-U-337, was seized on
26.7.2009. 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. Ext.P2 seizure mahazar
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
Protection of River Banks and Regulation of Removal of
W.P.(C)No.22556/09
:: 2 ::
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, the writ petition is
disposed of in the following terms:
(i). Petitioner shall deposit an amount of
Rs.25,000/-, with the District
Collector and there upon, the vehicle
in question bearing registration
W.P.(C)No.22556/09
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No.KL-08-U-337 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-08-U-337,
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
26.7.2009.
(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
released, proceedings under the Act
W.P.(C)No.22556/09
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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