IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 20970 of 2009(M) ----------------------------------------- PETITIONER(S): ------------------------ MINU, AGED 25 YEARS,S/O.BABU,190 3/510, CHARUVILA PUTHEN VEEDU,KOLICHIRA,ATTINGAL. BY ADV. MR.A.AHZAR RESPONDENT(S): --------------------------- 1. DISTRICT COLLECTOR, COLLECTORATE,TRIVANDRUM. 2. TAHSILDAR,CHIRAYINKEEZHU TALUK, CHIRAYINKEEZHU. 3. SUB INSPECTOR OF POLICE, CHIRAYINKEEZHU POLICE STATION, CHIRAYINKEEZHU. BY GOVERNMENT PLEADER P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No. 20970 of 2009 -------------------------- Dated this the 31st July,2009 J U D G M E N T Petitioner is the owner of a Mini Lorry bearing Reg. No.KLO-5-R-2287. The vehicle was intercepted by the 3rd respondent on 12.5.2009 on the ground that the vehicle was involved in the illicit transportation of river sand. This seizure was pursuant to an offence, allegedly committed by the petitioner for the second time. Petitioner approached the 1st respondent who directed the 3rd respondent to release the vehicle on remittance of Rs.25,000/-. 2. Petitioner remitted the amount as evidenced by Ext.P4. But, the vehicle was not released and hence the writ petition. 3. Learned Government Pleader, on instructions, submits that the vehicle in question was actually released on 29.6.2009. But it was again seized on 30.6.2009 and this time the seizure was effected under the Kerala Anti-Social Activities (Prevention) Act, 2007. 4. The validity of the proceedings initiated under Sec.17 of the Kerala Anti-Social Activities (Prevention) Act, W.P ( C) No. 20970 of 2009 2 2007 has been considered by a Bench of this Court in WPC No.9925/2009 by judgment dated 27.7.2009. The Division Bench declared that the seizure is illegal. Further directions have also been issued in para 12 of the judgment. 5. Following the dictum laid down by the Division Bench, it is declared that the seizure of the petitioner’s vehicle bearing Reg. No.KL-05-R-2287 under the Kerala Anti-Social Activities (Prevention) Act is illegal. The said vehicle shall forthwith be released to the petitioner . But it is made clear that it will be open to the respondents to nevertheless initiate proceedings in relation to the petitioner’s vehicle under the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002. But going by the time frame fixed by the Division Bench, such proceedings will have to be initiated within one month from the date of release of the vehicle. If it is not so initiated within the said time frame then the respondents will not be entitled to initiate proceedings thereafter for the alleged seizure effected on 30.6.2009. It W.P ( C) No. 20970 of 2009 3 is further made clear that the release of the vehicle pursuant to the direction issued herein will also be subject to the following conditions. i. The vehicle shall not be used for transportation of sand. ii. It shall be produced as and when directed by the District Collector. iii. Petitioner shall co-operate with the enquiry initiated under Section23 of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002. iv. It shall not be alienated or encumbered. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 20970 of 2009 4 W.P ( C) No. 20970 of 2009 5