IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No. 1249 of 2009(W) ------------------------- PETITIONER(S): ------------------- NAZER.C.P, S/O. ALAVIKUTTY, CHOLAKKAPARAMBAN HOUSE, PARAPPUR.P.O, KOTTAKKAL, MALAPPURAM. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, MALAPPURAM. 3. SUPERINTENDENT OF POLICE, MALAPPURAM. 4. THE CIRCLE INSPECTOR OF POLICE, MALAPPURAM POLICE STATION, MALAPPURAM. GOVT.PLEADER SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 1249 OF 2009 (w) ==================== Dated this the 13th day of January, 2009 J U D G M E N T Petitioner submits that he is the registered owner of a mini lorry bearing Regn.No.KL-10/9941. It is stated that on 24/9/08, the 4th respondent seized the vehicle exercising his powers under the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007 and kept the vehicle in the Malappuram Police Station. Since then, petitioner has been trying to get the vehicle released, but however without any success. Finally, petitioner filed Ext.P2 application before the District Collector, as according to the petitioner, the proceedings are pending before the District Collector. Even to Ext.P2, petitioner submits that there was no response. It is in these circumstances the writ petition has been filed praying for directing the respondents to release the vehicle referred to above. 2. If as stated by the petitioner the vehicle belonging to the petitioner has been seized under the provisions of the Act referred to above, the 2nd respondent is the authority to pass final orders in this matter. The manner in which the 2nd respondent should exercise the power have been explained by this court in the judgment in WP(C) No.29479/08 and connected cases. Now that according to the petitioner, WPC 1249/09 :2 : the proceedings are pending before the 2nd respondent, the writ petition is disposed of with the following directions. (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 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. WPC 1249/09 :3 : (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. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC, JUDGE Rp