IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 22505 of 2009(G) ---------------------------------------- PETITIONER(S): ------------------------- THOMAS, AGED 52 YEARS, S/O. DEVASSY, KURISSIMKAL HOUSE, PUTHENVELIKKARA KARA, ERNAKULAM DISTRICT. BY ADV. MR.NIREESH MATHEW RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE, PUTHENVELIKKARA POLICE STATION, ERNAKULAM DISTRICT. 4. THE SUPERINTENDENT OF POLICE (RURAL), ERNAKULAM. R1 TO R4 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2009 ALONG WITH WPC.NO.22503 OF 2009 AND WPC. NO.22504 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J ------------------- W.P.(C)s.22505, 22504 & 22503/2009 -------------------- Dated this the 12th day of August, 2009 JUDGMENT Common contentions have been raised in these writ petitions. Therefore, they have been heard together and are being disposed of by a common judgment. I will refer to the facts in W.P.(C).22505/2009 and the disposal of the same will govern the other writ petitions also. 2. Petitioner claims to be the owner of a country boat purchased under Ext.P1 agreement. The said country boat was seized by the 3rd respondent on 16.6.2009 on the allegation that it was used for illicit transportation of river sand. Apparently, the seizure was effected under the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007. It further seems that the seizure was not in the course of the country boat/vehicle transporting river sand. Seizure was on an apprehension that it could be so used. 3. A Division Bench of this Court in Abdul Majeed v. W.P.(C).22505/09 & Connected Cases 2 District Collector (2009 (3) KLT 459) has held that the seizure of any vehicle, allegedly found indulging in illicit transportation of river sand, cannot be effected by invoking the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007. Section 17 of the Act was declared as inadequate for the said purpose. Seizure could be effected and further proceedings could be taken only under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 4. I heard learned Government Pleader also on this aspect. In the result, country boats seized from the petitioner in each one of these cases shall be released to him forthwith on production of a copy of this judgment. Writ petitions are disposed of as above. V.GIRI, Judge mrcs