IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WA.No. 1472 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15083/2009 Dated 02/06/2009 .................... APPELLANT(S): PETITIONER ------------------------ MOHANDAS, S/O.VELAYUDHAN, VALIYAPURAKKAL HOUSE, PUNNAYOORKULAM, CHAVAKKAD, THRISSUR DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): RESPONDENTS -------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, PONNANI, MALAPPURAM DISTRICT. 3. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 4. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY SR.GOVT.PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.A.No.1472 of 2009 -------------------------------------------------- Dated this the 9th day of July, 2009 JUDGMENT Kurian Joseph,J. Appellant is the petitioner in the writ petition. The writ petition was filed aggrieved by the proceedings initiated against vehicle No.KL-10-F/8449 owned by the petitioner, under Section 17 of the Kerala Anti-Social Activities (Prevention) Act, 2007. There is challenge on the vires of the Act. In identical circumstances we have disposed of several cases, the judgment in one such case is Ext.P3 wherein we have directed release of the vehicle on deposit of Rs.25,000/- and on executing a bond undertaking not to alienate or otherwise create any encumbrance in respect of the vehicle. The learned single Judge however, directed the District Collector to pass final orders within three weeks. In view of the stand already W.A.No.1472 of 2009 -:2:- taken by this court as evidenced by Ext.P3 judgment, we set aside the judgment of the learned single Judge, dispose of the writ petition with direction to the District Collector to release the vehicle proceeded against as per Ext.P1 on the petitioner depositing Rs.25,000/- and executing a self bond undertaking not to alienate or otherwise create any encumbrance in respect of the vehicle. There shall be an endorsement to that effect in the RC book. We make it clear that this is without prejudice to the liberty to the District Collector to take appropriate action, if required, under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The writ appeal is allowed. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.A.No.1472 of 2009 ---------------------------- JUDGMENT 9th July, 2009