IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WA.No. 767 of 2009 -------------------- AGAINST THE JUDGEMENT IN WPC.7343/2009 Dated 13/03/2009 .................... APPELLANT/PETITIONER: --------------------------- ABDUL GAFOOR,S/O.MUHAMMED, ATHANIKKAL HOUSE,EZHUVATHIRUTHY,PONNANI, MALAPPURAM DISTRICT BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM 2. THE SUB INSPECTOR OF POLICE, PONNAI, MALAPPURAM DISTRICT. R1 & R2 BY SR. GOVT. PLEADER, SRI. BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 767 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 30th day of March, 2009 JUDGMENT Kurian Joseph, J. This is an appeal filed by the writ petitioner aggrieved by the interim order passed in the writ petition. The issue pertains to the proceedings initiated against the appellant/petitioner under Section 17 of the Kerala Anti-Social Activities (Prevention) Act, 2007, whereby the vehicle has been seized on the allegation that, that vehicles has been made use of for the purpose of illegal transportation of river sand. The learned Single Judge refused to grant an interim order for release of the vehicle, and hence the appeal. 2. Though several contentions are advanced by the learned counsel for the appellant, having heard the learned counsel for the appellant and the learned Government Pleader appearing for the respondents, we do not think that this court, at this stage should go into those contentions, since larger questions are yet to be decided in the writ petitions which are WA No. 767/09 -:2:- pending before this court. For the purpose of the interim order, we feel that upon certain conditions, the vehicle can be directed to be released. The proceedings initiated against the vehicle, as alleged in the writ petition are apparently under the provisions of the Kerela Anti-Social Activities (Prevention) Act, 2007 and not under the provisions of the Kerala Protection of River banks and Regulation of Removal of Sand Act, 2001. In that view of the matter, we feel that it would safeguard the interests of the respondents also, if a direction is issued to release the vehicle which has been detained while proceeding against under Section 17 of the Act, on the petitioner/appellant making a cash deposit of Rs.25,000/- and on executing a bond undertaking not to alienate or otherwise create any encumbrance on the vehicle during the pendency of the proceedings before the District Collector. The writ appeal is hence disposed of as follows :- There will be a direction to the respondents to release the vehicle seized and detained as referred to in the appeal, on the appellant depositing an amount of Rs.25,000/- (Rupees twenty five thousand only) and also on executing a bond undertaking not to WA No. 767/09 -:3:- alienate or otherwise create any encumbrance in respect of the vehicle, until the proceedings already initiated are finalized. Appropriate endorsement to that effect should also be made in the R.C.book. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb