IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 6249 of 2009(A) ------------------------- PETITIONER(S): --------------- MUHAMMED JAMSHEER S/O. ALAPPUZHA, KARKALATHIL HOUSE, KLATHUR P.O., MANAPPURAM BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE KOLATHUR POLICE STATION. 2. DISTRICT CLLECTOR, CIVIL STATION, MALAPPURAM. BY GOVT. PLEADER SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.6249 OF 2009 ------------------------ Dated this the 26th day of February, 2009. JUDGMENT Petitioner claims to be the agreement owner of the lorry bearing registration No.KL-10 V 2534. The vehicle has been seized by the first respondent exercising his powers under the Kerala Anti Social Activities(Prevention) Act, 2007. Petitioner states that though the seizure was on 17.1.2009, the proceedings have not been finalized. It is with that grievance the writ Petition is filed. 2. This court has already in the judgment in WP(c).No. No.29479/08 and connected cases laid down the procedure to be followed in the matter like this. Relevant portion of the judgment reads as under. (1) The District Collector shall within one week from the date of receipt of a copy of this judgment, send notice to the petitioner clearly indicating the grounds, if any, on the basis of which, they propose to hold that the vehicle in WP(c).No.6349/09 2 question was or is apprehended that it would be used for Anti Social Activities within the meaning of the Act. (2) A minimum of 7 days time must be granted to the petitioner to file objections thereto. (3) The District Collector shall then post the case before him for a hearing, latest within 10 days from the date on which the objection is received from the owner/possessor and the owner/possessor shall be heard. (4) The proceedings under Section 17(3) shall be passed, latest, within 3 weeks from the date on which such objection is filed. (5) In case, the Collector feels that the confiscation of the vehicle is not necessary or that he is satisfied that the vehicle is unlikely to be used for Anti Social Activities or illegal activities, then it is open to him to pass orders for release of the same.” 3. Since the seizure in question is also in exercise of the powers under Section 17 of the Act referred above, it is clarified that the 2nd respondent shall compete the proceedings against the petitioner in compliance with the directions referred to above. Petitioner shall produce a copy of the judgment before the 2nd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.6349/09 3