IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 23729 of 2009(I) -------------------------- PETITIONER(S): --------------- RASHEED.C.H., S/O.HASSANKUTTY, AGED 32 YEARS, CHAKKINGALTHODI HOUSE, PARAYARANGADI, CHATTIPPARAMBA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE DISTRICT MAGISTRATE, MALAPPURAM. 2. THE DISTRICT MAGISTRATE, CIVIL STATION, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, KOLATHUR. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).23729/2009 ....................... Dated this the 24th day of August, 2009 JUDGMENT The vehicle belonging to the petitioner bearing registration No.KL-53-3498 was seized by the 3rd respondent allegedly under the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007. This has been challenged by the petitioner in this writ petition. 2. Learned Government Pleader, on instructions, submits that seizure of the vehicle was effected under the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007. Thereafter, a crime was registered for the offences under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, and the papers have been forwarded to the jurisdictional Magistrate. 3. Seizure of the vehicle under the provisions of the Kerala Anti Social Activities (Prevention) Act is declared as illegal following the dictum laid down by a Division Bench of this Court in Abdul Majeed v. District Collector (2009 (3) KLT 459). It is open to the petitioner to move W.P.(C).23729/09 2 the District Collector along with a copy of the judgment for release of the vehicle and in such circumstances, the vehicle bearing registration No.KL-53-3498 shall be released to him on payment of an amount of Rs.25,000/- and subject to further condition that the vehicle shall not be used for transportation of sand for a period of one month from the date of release of the vehicle. If the District Collector is desirous of initiating proceedings in relation to the vehicle under the provisions of the Sand Act, then notice intimating the same shall be issued to the petitioner within one month from the date of release of the vehicle. If it is not so initiated, Rs.25,000/- deposited by the petitioner for the purpose of securing the release of the vehicle, shall be refunded to him. If proceedings are initiated, then it shall be completed in accordance with law within three months thereafter. Petitioner shall be liable to produce the vehicle as and when directed by the District Collector. Writ petition is disposed of as above. V.GIRI, Judge mrcs