IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 30143 of 2008(L) ------------------------------------- PETITIONER: ------------------ MUNEER KOORIMANNIL, S/O YOUSEFF, KOORIMANNIL HOUSE, PERIMBALAM P.O., ANAKKAYAM, MALAPPURAM DISTRICT. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENT(S): ------------------------- 1. THE TAHSILDAR, PERINTHALMANNA. 2. THE SUB INSPECTOR OF POLICE, MANJERI. 3. *THE DISTRICT COLLECTOR, MALAPPURAM. * THE DISTRICT COLLECTOR, MALAPPURAM IS IMPLEADED AS ADDITIONAL THIRD RESPONDENT VIDE ORDER DATED 23-10-2008 IN I.A.NO.13256/2008. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------- W.P.(C) NO. 30143 OF 2008 (L) ----------------------------------- Dated this the 9th day of January, 2009 J U D G M E N T Aggrieved by Exhibit P5, the Mahazar by which the lorry bearing registration No.KL-10/Y-8638 has been seized under Section 17(1) of the Kerala Anti Social Activities (Prevention) Act, this writ petition is filed. It is seen that several writ petitions raising identical grievances have been disposed of by judgment in W.P.(C) No.29479 of 2008 and connected cases on 11th December 2008, wherein after elaborate consideration, the learned Judge passed the following directions:- In the result, the writ petitions are disposed of with the following directions:- (1) The concerned District Collector, in each one of these cases, shall, within one week from the date of receipt of a copy of this judgment, sent notice to the petitioners in these cases, 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. W.P.(C) No.30143/2008 - 2 - (2) A minimum of 7 days time must be granted to the petitioners to file objections thereto. (3) The District Collector shall then post these cases before him for a hearing, latest within 10 days from the date on which the objections are 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 objections are 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. Since issue raised in this writ petition is similar, petitioner is entitled to in similar reliefs. Accordingly, this writ petition is also disposed of clarifying that the case of the petitioner shall be disposed of by the additional third respondent, in the manner as directed above. Petitioner shall produce a copy of this judgment before the additional third respondent, for compliance. ANTONY DOMINIC, JUDGE skr