IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 24029 of 2009(W) -------------------------- PETITIONER: --------------- P.C.IBRAHIM, S/O.ALAVI, POTHUVACHOLA HOUSE, VALAPPURAM (POST), PULAMANTHOLE VIA, MALAPPURAM DISTRICT. BY ADV. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SI OF POLICE, KOLATHUR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVT. PLEADER SRI.P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.24029 of 2009 -------------------------- Dated this the 21st August,2009 J U D G M E N T Petitioner claims to be the owner of a country boat which was seized by the 2nd respondent on 21.3.2009 on the allegation that it was used for illicit transportation of river sand. Apparently, the seizure was effected under the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007. It further seems that the seizure was not in the course of the country boat/vehicle transporting river sand. Seizure was on an apprehension that it could be so used. 2. A Division Bench of this Court in Abdul Majeed v. District Collector (2009 (3) KLT 459) has held that the seizure of any vehicle, allegedly found indulging in illicit transportation of river sand, cannot be effected by invoking the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007. Section 17 of the Act was declared as inadequate for the said purpose. Seizure could be effected and further proceedings could be W.P ( C) No.24029 of 2009 2 taken only under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 3. I heard learned Government Pleader also on this aspect. In the result, country boat seized from the petitioner shall be released to him forthwith on production of a copy of this judgment. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.24029 of 2009 3 (V.GIRI,JUDG E) ma W.P ( C) No.24029 of 2009 4 W.P ( C) No.24029 of 2009 5