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 23RD MARCH 2009 / 2ND CHAITHRA 1931 WA.No. 688 of 2009() -------------------- AGAINST THE ORDER IN WPC.6230/2009 Dated 13/03/2009 .................... APPELLANT(S): PETITIONER ------------------------ SABITH, S/O.MUHAMMEDKUTTY,POOVADICHALIL HOUSE,VAZHAKKAD.PO,MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): RESPONDENTS -------------------------- 1. THE DISTRICT COLLECTOR,MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE,KONDOTTY POLICE STATION,MALAPPURAM DISTRICT. 3. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 4. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT SECRETARIAT, TRIVANDRUM. GOVT.PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/03/2009, ALONG WITH W.A.690/09 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. Nos.688, 690, 691, 692 & 699 of 2009 ---------------------------------------------- Dated 23rd March, 2009. J U D G M E N T Kurian Joseph, J. These are appeals filed by the writ petitioners aggrieved by the interim orders passed in the writ petitions. The issue pertains to the proceedings initiated against the appellants/petitioners under Section 17 of the Kerala Anti-Social Activities (Prevention) Act, 2007, whereby the vehicles have been seized on the allegation that those vehicles have 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 vehicles, and hence the appeals. 2. Though several contentions are advanced by the learned counsel for the appellants, having heard the learned counsel for the appellants 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 pending before this court. For the purpose of the interim order, we feel that upon certain conditions, the vehicles can be directed to be WA NO.688/09 & connected cases 2 released. The proceedings initiated against the vehicles, as alleged in the writ petitions 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 vehicles which have been detained while proceeding against under Section 17 of the Act, on the petitioners/appellants making a cash deposit of Rs.25,000/- each per vehicle and on executing a bond undertaking not to alienate or otherwise create any encumbrance on the vehicles during the pendency of the proceedings before the District Collector. The writ appeals are hence disposed of as follows :- There will be a direction to the respondents to release the vehicles seized and detained as referred to in the appeals, on the appellants depositing an amount of Rs.25,000/- each per vehicle and also on executing a bond undertaking not to alienate or otherwise create any encumbrance in respect of the vehicles, WA NO.688/09 & connected cases 3 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. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. Nos.688, 690, 691, 692 & 699 of 2009 ---------------------------------------------- J U D G M E N T Dated 23rd March, 2009.