IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 7898 of 2009(F) -------------------------------- PETITIONER(S): ------------------ N.VIJAYAN, S/O.VELAPPAN, AGED 49 YEARS, NEERTHATTIL, ERAMANGALAM, VELIYAMKODU, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ SRI.GEO GEORGE RESPONDENT(S): ------------------- 1. DISTRICT COLLECTOR, MALAPPURAM. 2. SUPERINTENDENT OF POLICE, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 7898 OF 2009 (F) ==================== Dated this the 12th day of March, 2009 J U D G M E N T The grievance of the petitioner is mainly regarding the proceedings that have been initiated against his mini lorry bearing Regn.No.KL-43/6528 under the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007. Even on the petitioner's own showing, proceedings are pending and it is at that stage petitioner seeks release of the vehicle. 2. In my view, since proceedings are pending, the District Collector has to finalise the matter. As far as the procedural formalities to be complied with while orders are passed, this Court has already in the judgment in WP(C) No.29479/08 and connected cases, has issued 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 WPC 7898/09 :2 : 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. (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. 3. Therefore, the writ petition is also disposed of directing that on the production of a copy of this judgment, the District Collector shall consider the matter and finalise the proceedings in WPC 7898/09 :3 : terms of the directions referred to above. Petitioner may produce a copy of this judgment before the District Collector for compliance. ANTONY DOMINIC, JUDGE Rp