IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 5283 of 2009(E) -------------------------------- PETITIONER(S): ------------------ ABDUL NASAR, S/O.MUHAMMED, KALLUPALATHINGAL HOUSE, KOLATHUR. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): -------------------- 1. SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION. 2. DISTRICT COLLECTOR, CIVIL STATION, MALAPPURAM. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 5283 OF 2009 (E) ==================== Dated this the 18th day of February, 2009 J U D G M E N T Petitioner claims to be the owner of a Tata 407 Mini Lorry bearing Regn.No. KL-11 H/6962. It is stated that on 17/9/2008, the vehicle has been seized by the 1st respondent exercising his powers under the Kerala Anti Social Activities (Prevention) Act, 2008. Proceedings still have not been completed and the lorry also is in the custody of the 1st respondent. It is in these circumstances, the writ petition has been filed. 2. This Court has already in the judgment in WP(C) No.29479/08 have issued general directions, which reads as under. (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 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 WPC 5283/09 :2 : 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 respondents are bound to act in terms thereof. This the respondents shall do. 4. In the meanwhile, if the petitioner desires to have interim custody of the vehicle, I direct that it will be open to the petitioner to approach the 2nd respondent, who shall pass appropriate orders thereon. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp