IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 WP(C).No. 25983 of 2009(P) -------------------------------------- PETITIONER: ------------------- N. VIJAYAN, S/O. VELAPPA, AGED 50 YEARS, NEERTHATTIL HOUSE, ERAMANGALAM P.O., ERMANGALAM DESOM, VELIYAKODE VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT (REGISTERED OWNER OF MINI LORY BEARING REGISTRATION NO.KL-43-6528). BY ADV. MR.P.M.ZIRAJ. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, CHALISSERY POLICE STATION, 2. THE DISTRICT COLLECTOR, PALAKKAD. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.25983 of 2009 - P ---------------------------------------- Dated 22nd September, 2009 Judgment Heard Sri.P.M.Ziraj, the learned counsel appearing for the petitioner and Sri.P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a mini lorry bearing registration No.KL/43 - 6528. It was seized by the first respondent Sub Inspector of Police on 6.8.2009 on the allegation that it was used to transport sand without a valid pass. After such seizure, the vehicle, together with the sand carried in it, was produced before the District Collector, Palakkad. The petitioner's grievance is that though he had moved the District Collector for interim custody of his vehicle on 7.8.2009, till date, orders have not been passed thereon. In this writ petition, the petitioner prays for a direction to the District Collector, Palakkad to consider Ext.P2 application and pass orders thereon releasing his vehicle bearing registration No.KL/43 - 6528 by way of interim custody without insisting on any payment. W.P. © No.25983/2009 2 3. When this writ petition came up for hearing on 15.9.2009, the learned Government Pleader was requested to get instructions. The learned Government Pleader, on instructions, submits that the petitioner's vehicle was seized invoking the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007 for the reason that soil was transported in the lorry without a valid pass. He also submits that in view of the decision of the Division Bench of this Court in Abdul Majeed v. District Collector (2009 (3) KLT 459), the petitioner's vehicle cannot be proceeded against under the Kerala Anti-Social Activities (Prevention) Act, 2007 and that this writ petition may be disposed of reserving liberty with the District Collector to initiate proceedings under the Kerala Minor Mineral Concession Rules, 1967 and the Kerala Land Utilisation Order, 1967, if grounds exist for initiation of such proceedings. 4. A Division Bench of this Court has in Abdul Majeed v. District Collector (supra) held that the provisions of section 17 of the Kerala Anti-Social Activities (Prevention) Act, 2007 cannot be invoked to seize and confiscate the vehicles used to carry soil/river sand. In the light of the authoritative pronouncement of the Division Bench, I am of the opinion that the proceedings initiated against W.P. © No.25983/2009 3 the petitioner under the Kerala Anti-Social Activities (Prevention) Act, 2007 cannot be sustained. In the result, I dispose of this writ petition with a direction that in the event of the District Collector not initiating proceedings against the petitioner under the Kerala Land Utilisation Order, 1967 or the Kerala Minor Mineral Concession Rules, 1967 within one month from today, the petitioner's vehicle shall be released to him unconditionally. In the event of the District Collector initiating any such proceedings, it will be open to the petitioner to move the District Collector seeking interim custody and the vehicle shall thereupon be released by way of interim custody on such terms and conditions as he may deem fit to impose. P.N.RAVINDRAN Judge vaa