IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 25101 of 2009(G) --------------------------------------- PETITIONER: ------------------- N.K.AZEEZ, S/O.AHAMMEDKUTTY, AGED 37 YEARS, NADUVILKANDY VEEDU, POST MALYAMMA, VIA N.I.T., KOZHIKODE. BY ADVS. MR.R.SUDHISH, SMT.M.MANJU. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTICT COLLECTOR, MALAPPURAM DISTRICT. 3. THE S.I. OF POLICE, AREECODE POLICE STATION, MALAPPURAM DISTRICT. R1 TO R3 BY GOVT. PLEADER MR. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25101/2009-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 06/04/2009 IN W.P.(C).NO.11330/2009 OF THIS HONOURABLE COURT. EXT.P.2: COPY OF THE ORDER DTD. 12/06/2009 ISSUED BY THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN, J. ---------------------------------------- W.P.(C) No.25101 of 2009 - G ---------------------------------------- Dated 23rd October, 2009 Judgment Heard Sri.Sudhissh R., the learned counsel appearing for the petitioner and Sri.M.A.Asif, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a goods vehicle bearing registration No.KL/57-2082. The said vehicle was seized by the third respondent and produced before the District Collector, Malappuram on 7.2.2009 on the ground that it was used to transport river sand without a valid pass. Thereafter, proceedings were initiated against the petitioner/petitioner's vehicle under the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007. That culminated in Ext.P2 order dated 12.6.2009 by which the District Collector ordered confiscation of the petitioner's vehicle. The District Collector also directed that in the event of the petitioner remitting the sum of Rs.1,75,000/- in lieu of confiscation, the vehicle will be released to him after unloading the sand. Ext.P2 W.P.(C) No.25101/2009 -:2:- is under challenge in this writ petition. The petitioner contends that proceedings cannot be initiated against him or his vehicle under the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007 and therefore Ext.P2 order is liable to be set aside. 3. A Division Bench of this Court has in Abdul Majeed v. District Collector (supra) held that section 17 of the Kerala Anti-Social Activities (Prevention) Act, 2007 cannot be invoked against owners of vehicles carrying river sand without a valid pass. The Division Bench held that action, if any, can be taken only under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the rules framed thereunder. In the light of the decision of the Division Bench of this Court in Abdul Majeed v. District Collector (supra), it has to be necessarily held that Ext.P2 order passed by the District Collector, Malappuram under the provisions of the Kerala Anti-Social Activities (Prevention) Act, 2007 is without the sanction or authority of law. 4. In Abdul Majeed v. District Collector (supra), the Division Bench of this Court had also directed that if the District W.P.(C) No.25101/2009 -:3:- Collector intends to proceed under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, such proceedings shall be initiated within one month from the date on which a copy of the judgment is produced before him. In that case, the vehicle involved had already been released, by way of interim custody pursuant to the interim orders passed by this Court on payment of the sum of Rs.25,000/- and the execution of a bond wherein the owner of the vehicle had undertaken not to alienate, encumber or otherwise dispose of the vehicle. In such circumstances, the Division Bench directed the District Collector to proceed against the vehicle under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the rules framed thereunder within a period of one month from the date of receipt/production of a copy of the judgment. This Court also directed that if such proceedings are not initiated within the said time limit, the release of the vehicle pursuant to the interim orders passed by this Court shall be treated as unconditional, that the amount deposited by the vehicle owner shall be released and that the conditions imposed shall stand vacated. In cases where, W.P.(C) No.25101/2009 -:4:- vehicles had not been released by way of interim custody, this Court held that the vehicles shall be released to the owners on conditions imposed by this Court, namely payment of the sum of Rs.25,000/- and the execution of a bond undertaking that the vehicles will not be alienated, encumbered or otherwise disposed of. In the light of the directions issued by the Division Bench in Abdul Majeed v. District Collector (supra), I dispose of this writ petition with the following directions: (i) Ext.P2 order issued under the Kerala Anti-Social Activities (Prevention) Act, 2007 shall stand quashed; (ii) The District Collector, Malappuram shall release the petitioner's vehicle to him by way of interim custody on the petitioner depositing the sum of Rs.25,000/- and executing a bond undertaking that he will not encumber the vehicle or alienate or otherwise dispose of the same. The vehicle shall be released to the petitioner on the day he deposits the sum of Rs.25,000/- and executes the bond; (iii) The District Collector, Malappuram shall within one month from the date on which a certified copy of this judgment is produced before him or received by him also decide whether W.P.(C) No.25101/2009 -:5:- proceedings should be initiated against the petitioner's vehicle under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the rules framed thereunder. If the District Collector initiates such proceedings, the same shall be finalised within two months thereafter, after affording the petitioner a reasonable opportunity of being heard. The contentions of the petitioner on the merits are kept open. If within the said period of one month, the District Collector does not initiate such proceedings, the release of the vehicle to the petitioner shall be treated as unconditional, the money deposited by him shall be refunded and the bond executed by him shall stand revoked. P.N.RAVINDRAN Judge vaa