IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 22556 of 2009(L) -------------------------- PETITIONER(S): --------------- SUBAIR.K.P., S/O.CHEKKU, AGED 26 YRS., KOLOTHUMPARAMBIL- NARIPPARAMBU P.O., POTHANNUR-DESOM, MALAPPURAM DT., (OWNER AND IN POSSESSION OF KL-08-U/337). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 2. CIRCLE INSPECTOR OF POLICE, PONNANI POLICE CIRCLE, PONNANI, MALAPPURAM DISTRICT. 3. SUNIL.T., S/O.THANKAPPAN, THARAYIL HOUSE, VAZHIKKULANGARA, N.PARUR, EKM.DT. BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ----------------------------------- W.P.(C).22556/2009 ----------------------------------- Dated this the 7th day of August, 2009 JUDGMENT The vehicle belonging to the petitioner bearing registration No.KL-08-U-337, was seized on 26.7.2009. Thereafter, proceedings were initiated under Section 17 of the Kerala Anti Social Activities (Prevention) Act, 2007, alleging that the vehicle was used for illicit transportation of river sand. Petitioner's explanation was not accepted. Ext.P2 seizure mahazar has been challenged in this writ petition. Petitioner has mounted a challenge against the validity of Section 17 of the Kerala Anti Social Activities (Prevention) Act, 2007. 2. A Division Bench of this Court in Writ Petition No.9925/2009 and connected cases, has declared that the vehicles cannot be seized for transportation of river sand relying on the vague provisions of Section 17 of the Act. In such cases, they have to be dealt with under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of W.P.(C)No.22556/09 :: 2 :: Sand Act, 2001. The Division Bench has issued the following directions. “The confiscation order, if any, passed in any of the cases will stand quashed. In all cases, irrespective of whether there was a confiscation order or not, the District Collector shall decide whether proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act and the Rules thereunder should be initiated against the vehicle concerned, within one month from the date of receipt/production of a copy of this judgment. If proceedings are initiated, the same shall be finalised within one month. If the petitioners desire release of their vehicles, which are not so far released, pending final decision, the same shall be released to them forthwith by the District Collector, subject to the conditions imposed by this Court for releasing the vehicle in W.P.(C).9925 of 2009. 3. Accordingly, the writ petition is disposed of in the following terms: (i). Petitioner shall deposit an amount of Rs.25,000/-, with the District Collector and there upon, the vehicle in question bearing registration W.P.(C)No.22556/09 :: 3 :: No.KL-08-U-337 shall be forthwith released to the petitioner. (ii). But such release of the vehicle shall not prevent the District Collector or the Revenue Officials taking proceedings against the vehicle under the provisions of Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. District Collector shall, within one month from the date of receipt of a copy of this judgment, take a decision whether proceedings will have to be initiated, in the instant case, in relation to the vehicle bearing registration No.KL-08-U-337, under Section 23 of the Act. (iii). Such proceedings, if initiated, shall be done within one month from the date on which the vehicle is released and if it is not so initiated within one month, then, it will not be open to the respondents to thereafter initiate proceedings under the Act, in relation to the seizure effected on 26.7.2009. (iv). Vehicle, if released on interim custody, shall not be used for transportation of sand for a period of one month. If within the aforementioned period of one month from the date on which the vehicle is released, proceedings under the Act W.P.(C)No.22556/09 :: 4 :: are not initiated as permitted herein above, then it will be open to the petitioner to use it in accordance with law. (v). If such proceedings are not initiated, Rs.25,000/- deposited by the petitioner shall be refunded to him. Initiation of proceedings under the Act, shall be done by the issuance of a notice from the office of the District Collector. (vi). Vehicle shall not be alienated or encumbered for a period of one month from the date of release of the vehicle on interim custody as permitted and such condition shall continue to operate till the proceedings initiated by the District Collector are disposed of, if such proceedings are initiated within the time frame mentioned above. Sd/- V.GIRI, Judge sk/ //true copy// P.S. to Judge