IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 5613 of 2009(V) -------------------------------- PETITIONER(S): ------------------ ABDUL NASAR,S/O.MUHAMMED, KALLUPALATHINGAL HOUSE,KOLATHUR. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): -------------------- 1. SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION. 2. DISTRICT COLLECTOR, CIVIL STATION, MALAPPURAM. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 5613 OF 2009 (V) ==================== Dated this the 20th day of February, 2009 J U D G M E N T Petitioner claims to be the registered owner of a lorry bearing Regn.No. KL-10/Q1032. It is stated that the vehicle was seized by the 1st respondent on 20/11/2008 invoking the provisions contained under the Kerala Anti Social Activities (Prevention Act), 2008. Petitioner submits that since then the vehicle is under detention and there has not been any proceedings initiated. It is in these circumstances the writ petition has been filed praying that the vehicle be released to him. 2. Even according to the petitioner, the seizure has been made invoking the provisions of the Act referred to above. If that be so, this Court has already in the judgment in WP(C) No.29479/08 and connected cases laid down the procedure that is to be followed by the authorities which reads as under. (1) The District Collector shall within one week from the date of receipt of a copy of this judgment, send notice to the petitioner clearly indicating the grounds, if any, on the basis of which, they propose to hold that the vehicle in question was or is apprehended that it would be used for WPC 5613/09 :2 : Anti Social Activities within the meaning of the Act. (2) A minimum of 7 days time must be granted to the petitioner to file objections thereto. (3) The District Collector shall then post the case before him for a hearing, latest within 10 days from the date on which the objection is received from the owner/possessor and the owner/possessor shall be heard. (4) The proceedings under Section 17(3) shall be passed, latest, within 3 weeks from the date on which such objection is filed. (5) In case, the Collector feels that the confiscation of the vehicle is not necessary or that he is satisfied that the vehicle is unlikely to be used for Anti Social Activities or illegal activities, then it is open to him to pass orders for release of the same. 3. The said direction should apply to this case also and proceedings should be initiated on that basis. 4. In so far as the request of the petitioner for interim custody of the vehicle is concerned, I leave it open to the petitioner to approach the WPC 5613/09 :3 : 2nd respondent with an appropriate application. If as stated by the petitioner, any proceedings under the Act has been initiated and is pending, the 2nd respondent shall consider the application and pass orders within 10 days, on the request for interim custody. Petitioner may produce a copy of this judgment before the 2nd respondent for appropriate action. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp