IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 7429 of 2009(W) ------------------------- PETITIONER(S): ------------------ K.SIRAJUDEEN, AGED 30 YEARS, S/O.YUSUF, KUNNIKKAKALTHU HOUSE, PONNANI P.O., MALAPPURAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM P.O., MALAPPURAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, PONNANI CIRCLE OFFICE, PONNANI SOUTH P.O., MALAPPURAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION,PONNANI SOUTH P.O., MALAPPURAM DISTRICT. 4. MR.V.V.BABU,VALIYAVEETTIL HOUSE, KANJIRAMUKKU P.O., MALAPPURAM DISTRICT. 5. THE GEOLOGIST, MINING & GEOLOGY DISTRICT OFFICE, MINI CIVIL STATION, CHEMBOOKKAVU P.O., THRISSUR. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 7429 OF 2009 (W) ===================== Dated this the 30th day of March, 2009 J U D G M E N T Petitioner is the owner of a vehicle bearing Regn.No.KL-55.A 8850. According to the petitioner, the vehicle was seized by the 3rd respondent on 4/3/2009 invoking the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007. Thereupon he filed Ext.P4 complaint before the 2nd respondent. In this writ petition, he is complaining about the detention of the vehicle and also the high handedness of the 3rd respondent. 2. Learned Government Pleader submits that the vehicle was seized at 10 p.m on 4/3/2009, which is disputed by the petitioner. It is pointed out that the matter is pending before the 1st respondent. It is also pointed out that on receipt of Ext.P4, 2nd respondent conducted an enquiry with notice to the petitioner and the 3rd respondent and that finding that there was no substance in the allegation, the matter has been closed. 3. Thus, two things are evident. One is that proceedings are still pending before the 1st respondent and he is yet to finalise the same. Second is that on Ext.P4, the 2nd respondent has WPC 7429/09 :2 : conducted an enquiry and the matter has been closed. 4. In so far as the proceedings on Ext.P4 is concerned, counsel for the petitioner submits that he intends to pursue the same. This he may do so. 5. However, having regard to the fact that proceedings are pending before the 1st respondent following the detention of the vehicle, it is directed that on the petitioner remitting an amount of Rs.25,000/- and executing a bond before the 1st respondent undertaking to produce the vehicle as and when called for and that it will not be alienated during the pendency of the proceedings, the vehicle shall be ordered to be released forthwith to the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp