IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 26511 of 2009(H) --------------------------------------- PETITIONER: ------------------- ANIL, S/O.SUDHAKARAN, AGED 40 YEARS, PAZHOOR PARAMBIL HOUSE, TANNITHODU, PATHANAMTHITTA DISTRICT. BY ADV. MR.SAKIR.K.H. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, PANDALOM POLICE STATION. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 3. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. R1 TO R3 BY GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.26511 of 2009-H ------------------------------ Dated this the 29th day of September, 2009. J U D G M E N T Heard Sri.K.H.Sakir, 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-36-1904. The said vehicle was seized by the first respondent and produced before the District Collector, Pathanamthitta, on 17.6.2009 on the allegation that it was used to transport river sand without a valid pass. Thereupon, the District Collector initiated proceedings under Section 17 of the Kerala Anti-Social Activities (Prevention) Act, 2007. This writ petition is filed contending that Section 17 of the Kerala Anti-Social Activities (Prevention) Act, 2007 cannot be invoked to proceed against the petitioner's vehicle. Reliance is placed on the decision of the Division Bench of this Court in Abdul Majeed v. District Collector (2009 (3) KLT 459). 3. When this writ petition came up for hearing today, the learned Government Pleader appearing for the respondents fairly conceded that in the light of the decision of the Division Bench of this Court in Abdul Majeed v. District Collector (supra), the proceedings W.P(C) No.26511 of 2009-H 2 initiated against the petitioner under the Kerala Anti-Social Activities (Prevention) Act, 2007 cannot be sustained. He also submitted that orders have been passed after this writ petition was filed granting interim custody of the vehicle to the petitioner. In the light of the submissions made at the Bar by the learned Government Pleader appearing for the respondents and the decision of the Division Bench of this Court in Abdul Majeed v. District Collector (supra) I dispose of this writ petition with the following directions: The proceedings initiated against the petitioner/petitioner's vehicle under Section 17 of the Kerala Anti-Social Activities (Prevention) Act, 2007 shall stand quashed. It will however be open to the District Collector to initiate proceedings under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and rules framed thereunder, if such proceedings are warranted. However if such proceedings are not initiated within one month from the date of receipt or production of a certified copy of this judgment, the release of the vehicle to the petitioner pursuant to the orders passed by the District Collector himself, shall be treated as unconditional, the conditions imposed by the District Collector shall stand vacated and the money if any deposited by the petitioner shall be refunded. If on the other hand, the District Collector initiates such proceedings, the same W.P(C) No.26511 of 2009-H 3 shall be finalised within two months from the date on which the said proceedings are initiated, after notice to and affording the petitioner a reasonable opportunity of being heard. The contentions of the petitioner on the merits are kept open. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab