IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 26725 of 2009(I) --------------------------------------- PETITIONER(S): ------------------------- SAKKIR,S/O. MOYINKUTTY, HAKKAMTHODI HOUSE, THENCHERY, POOVATHIKKAL, MALAPPURAM DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION, MALAPPURAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.26725 of 2009 - I ---------------------------------------- Dated 30th September, 2009 Judgment Heard Sri.Babu S. Nair, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is the owner of a goods vehicle bearing registration No.KL-7 AC 5792. It was seized by the second respondent Sub Inspector of Police and produced before the District Collector, Malappuram on 13.6.2009 invoking the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007 on the ground that it was used to transport river sand with a valid pass. In this writ petition, the petitioner challenges the initiation of proceedings under section 17 of the Kerala Anti-Social Activities (Prevention) Act, 2007. The petitioner contends that in the light of the Division Bench decision of this Court in Abdul Majeed v. District Collector (2009 (3) KLT 459), proceedings cannot be initiated against him or his vehicle under the Kerala Anti-Social Activities (Prevention) Act, 2007. W.P.(C) No.26725/2009 2 In this writ petition, the petitioner seeks a direction to the respondents to release his vehicle forthwith. He also seeks a declaration that the proceedings initiated against him under the Kerala Anti-Social Activities (Prevention) Act, 2007 cannot be continued. 3. When this writ petition came up for admission on 23.9.2009, the learned Government Pleader was requested to get instructions as to whether proceedings have been initiaged against the petitioner under the Kerala Anti-Social Activities (Prevention) Act, 2007 or under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Today, when the writ petition came up for further hearing, the learned Government Pleader appearing for the respondents, on instructions, submitted that proceedings have been initiated against the petitioner under the Kerala Anti-Social Activities (Prevention) Act, 2007. 4. A Division Bench of this Court has in Abdul Majeed v. District Collector (2009 (3) KLT 459) held that section 17 of the Kerala Anti-Social Activities (Prevention) Act, 2007 cannot be invoked to proceed against owners of vehicles used to W.P.(C) No.26725/2009 3 transport river sand without a valid pass. It was also held that proceedings, if any, can be initiated only under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. In the light of the authoritative pronouncement of the Division Bench of this Court, it has to be necessarily held that respondents have no authority to proceed against the petitioner or his vehicle under the provisions of the Kerala Anti- Social Activities (Prevention) Act, 2007. 5. I accordingly dispose of this writ petition with the following directions: (i) Ext.P1 and the proceedings initiated against the petitioner/petitioner's vehicle under the Kerala Anti-Social Activities (Prevention) Act, 2007 shall stand quashed; (ii) The District Collector, Malappuram shall release the petitioner's vehicle to the petitioner on his depositing the sum of Rs.25,000/- and executing a bond to the effect that he will not encumber the vehicle or alienate or otherwise dispose it of, except after the proceedings are finalised and he is exonerated. The vehicle shall be released to the petitioner on W.P.(C) No.26725/2009 4 the day he deposits the sum of Rs.25,000/- and executes the bond; (iii) The District Collector, Malappuram shall within one month from the date on which a certified copy of this judgment is produced before him or received by him also decide whether proceedings should be initiated against the petitioner's vehicle under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the rules framed thereunder. If the District Collector initiates such proceedings, the same shall be finalised within two months thereafter, after affording the petitioner a reasonable opportunity of being heard. If, within the said period of one month, the District Collector does not initiate such proceedings, the release of the vehicle to the petitioner shall be treated as unconditional, the money deposited by him shall be refunded and the bond executed by him shall stand cancelled. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN Judge vaa