IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 20360 of 2009(L) -------------------------- PETITIONER(S): --------------- B.VASUDEVAN PILLAI,AGED 47 YEARS, S/O.BHASKARA PILLAI,INCHIVILA PUTHEN VEEDU, NEDUNGOLAM,SOUTH PARAVOOR,KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, S.PARAVOOR, KOLLAM DISTRICT. 2. THE DISTRICT COLLECTOR,KOLLAM, KOLLAM DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, S.PARAVUR KOLLAM DISTRICT. BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.20360 of 2009 ---------------------------------------- Dated this the 28th day of July, 2009. JUDGMENT The vehicle belonging to the petitioner bearing registration No.KL-2-Z/9019 has been seized for unauthorised transportation of sand in accordance with the provisions of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002. The District Collector directed release of the vehicle, subject to a payment of Rs.25,000/- as compounding fee. The vehicle was not released, in spite of the fact that the amount was remitted by the petitioner. This has been challenged in the writ petition. 2. Learned Government Pleader submits that though the vehicle was directed to be released as per Ext.P1, it was later seized under the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007 {for short “the Act”}. The validity of Section 17 of the said Act has been W.P.(C).No.20360 of 2009 :: 2 :: considered by a Bench of this court in W.A.No.9925/09 and connected cases. The Bench has declared that the vehicle cannot be confiscated relying on Section 17 of the Act. But it could be dealt with under the provisions of the Kerala Protection of River Banks (Protection and Regulation of Removal of Sand) Act, 2002. 3. In the present case, there is already a direction to release the vehicle under Ext.P2. It shall be so released forthwith, subject to the compliance of Ext.P2. But the District Collector shall pass final orders under Section 23 of the Sand Act, within three months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge