IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 RP.No. 719 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.18304/2009 Dated 01/07/2009 .................... REVIEW PETITIONER(S): PETITIONER IN WPC --------------------------------------- NOUSHAD P.M., AGED 35 YEARS, S/O. MUHAMMED, PUTHANPEEDIKAYIL HOUSE, LAHA P.O., POTTAMMOOZHY, PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENT(S): RESPONDENTS -------------------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE SUB INSPECTOR OF POLICE, PERUNAD. BY GP SRI.P.N.SANTHOSH THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.GIRI, J ------------------- R.P.719/2009 in W.P.(C).18304/2009 -------------------- Dated this the 3rd day of August, 2009 ORDER Review petition has been filed alleging that a similar set of facts was dealt with by this Court in Annexure-A judgment. Learned Government Pleader refutes the submission. He submits that in Annexure-A, vehicles therein were not seized and it was therefore, that the Government Pleader had submitted that it is open to the petitioners to use the same. In the instant case, the vehicle was seized under the Kerala Anti Social Activities (Prevention) Act, 2007. If that be so, the issue will now be dealt with in terms of the directions issued by a Division Bench of this Court in Writ Petition No.9925/2009 and Connected cases. The Bench had in the said case, declared that seizure of vehicle for alleged illicit transportation of river sand under Section 17 of the Kerala Anti Social Activities (Prevention) Act, 2007, is illegal. The directions issued by the Division Bench in paragraph 12 of the judgment would be applicable to the present case also. R.P.719/09 2 2. But the Division Bench has directed the release of the vehicles subject to conditions imposed, in Writ Petition No.9925/2009. This will include deposit of an amount of Rs.25,000/- as well. 3. In the circumstances, the Review petition is allowed. The judgment dated 1.7.2009 in W.P.(C).18304/2009 is set aside. V.GIRI, Judge mrcs