IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 14081 of 2009(E) -------------------------- PETITIONER(S): --------------- MUHAMMED.P., S/O.KUNJALVI, AGED 27 YEARS PINAT HOUSE, ARIYALLUR P.O., PARAPPANANGADI VIA, MALAPPURAM DISTRICT. (AGREEMENT OWNER AND IN POSSESSION OF KL-10X-8387) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 2. CIRCLE INSPECTOR OF POLICE, TANUR POLICE STATION, TANUR, MALAPPURAM DISTRICT. 3. SUB INSPECTOR OF POLICE, PARAPPANANGADI POLICE STATION, PARAPPANANGADI, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.14081 of 2009 -------------------------- Dated this the 21st August,2009 J U D G M E N T Petitioner is the owner in possession of a Mini Lorry bearing Reg.No.KL-10X-8387. The said vehicle was seized on 31.03.2009 by the 3rd respondent on the allegation that it was involved in the illicit transportation of river sand. Petitioner sought for release of the vehicle. It has not been granted. Hence the writ petition challenging the seizure and seeking release of the vehicle. 2. The Division Bench of this Court declared that Section 17 of the Kerala Anti Social Activities (Prevention) Act is inadequate to seize the vehicle for alleged infraction of the provisions of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002. The Division Bench has also directed that the respondents may, in such circumstances, initiate proceedings under the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002, within one month from the date of receipt of a copy of the judgment, rendered in a case where the seizure is declared to be W.P ( C) No.14081 of 2009 2 illegal. Further conditions have also been imposed in this regard. In so far as the present case is concerned the petitioner has already remitted an amount of Rs.1,50,000/- pursuant to Ext.P4 final order passed under the Kerala Anti Social Activities (Prevention) Act. Nevertheless, the vehicle has not been released so far. 3. In the circumstances, the writ petition is allowed. Ext.P4 is quashed. The vehicle bearing Reg.NoKL-10X-8387 shall be released to the petitioner forthwith and if it has not already been released, an amount of Rs.1,25,000/- out of the amount of Rs.1,50,000/- deposited by the petitioner shall be refunded to him immediately on production of a copy of this judgment. It is open to the respondents to initiate proceedings in relation to vehicle bearing Reg. No.KL-10X-8387 within one month from the date of production of a copy of this judgment. If they did not do so then further amount of Rs.25,000/- shall also be disbursed to the petitioner. Writ petition is allowed as above. (V.GIRI,JUDGE) ma W.P ( C) No.14081 of 2009 3 W.P ( C) No.14081 of 2009 4