IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 11416 of 2009(V) ---------------------------------- PETITIONER: --------------- NOUSHAD, S/O.MOITHEEN KUTTY, AGED 37 YEARS, KAYAMKULATH HOUSE, TRIPRANGODE AMSOM, PERINTHALLUR DESOM, P.P.PERUNTHALLUR, TIRUR TALUK, MALAPPURAM DISTRICT. (OWNER OF KL.9 A/9761). BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, TIRUR, MALAPPURAM DISTRICT. BY GOVT. PLEADER, SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, ALONG WITH WPC NOS.11424 AND 11425 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NOs. 11416, 11424 & 11425 OF 2009 ===================== Dated this the 8th day of April, 2009 J U D G M E N T In these writ petitions petitioners claim to be registered owners of vehicles bearing Regn.Nos.KL.9 A/9761, KL.7/TC/18/2000/E Goods Auto and KL.05 B 1296 Goods Auto. 2. The vehicle involved in WP(C) No.11416/09 is a mini lorry and the vehicles involved in WP(C) Nos. 11424 and 11425/09 are authorickshaws. 3. A reading of the mahazars show that the seizure of the vehicles are by invoking the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007. Petitioners contend that though seizures have been effected as above, the matter has still not been reported to the District Collector for further proceedings. In view of the delay in finalising the proceedings, these writ petitions have been filed seeking directions for the release of the vehicles. 4. In view of the pendency of the proceedings as above and the District Collector has to take further action in the matter,. In the meanwhile, I see no reason why the vehicles should be kept under detention. WPC 11416, 11424 & 11425 /09 :2 : 5. Therefore, these writ petitions are disposed of with the following directions. (1) The petitioner in WP(C) No.11416/09 shall remit an amount of Rs.25,000/- and the petitioners in WP(C) No.11424 and 11425/09 shall remit Rs.15,000/- each before the 2nd respondent. (2) The petitioners shall also execute a bond before the 2nd respondent undertaking to produce the vehicle as and when called for and will not alienate or encumber the same till the proceedings against the vehicles are finalised. (3) Necessary endorsements on the registration certificate shall also be made by the 2nd respondent. (4) Subject to compliance with the above conditions, the vehicles in question shall be released to its registered owners and it is clarified that it will be open to the authorities to finalise the proceedings in accordance with law. (5) Petitioners shall produce a copy of this judgment before the 2nd respondent for compliance. Sd/- ANTONY DOMINIC, JUDGE WPC 11416, 11424 & 11425 /09 :3 : The vehicle number “KL-05 B 1296” occurring in the third line of the 1st paragraph of the common judgment dated 08/04/2009 in WP(C) Nos.11416/2009, 11424/2009 and 11425/2009 is corrected as “KL-55 B 1296” vide order dated 21/04/2009 in I.A.No.5307/2009 in WP(C) No.11425/2009. Sd/- Registrar (Judicial)