IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 29088 of 2008(K) ------------------------------------- PETITIONERS: ------------------- ABDUL LATHEEF, S/O. MUHAMMED, RESIDING AT PERISSERI HOUSE, PANTHEERANKAVU, KOZHIKODE BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENTS: ---------------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE COMMISSIONER OF POLICE, KOZHIKODE (CITY),KOZHIKODE. 3. THE SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, NALLALAM, KOZHIKODE. 4. THE SUB INSPECTOR OF POLICE, FEROKE POLICE STATOPM. FEROKE, KOZHIKODE. BY GOVT. PLEADER SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 29088 of 2008 -------------------------- Dated this the 3rd October, 2008 J U D G M E N T Petitioner challenges Exhibit-P5 order passed by the District Collector under Section 17(1) of the Kerala Anti- Social Activities (Prevention) Act, 2007. By Exhibit-P5 order, the District Collector has apparently with a view to prevent the use of vehicle for transporting illegally mined river sand empowered the Circle Inspector of Police, Cheruvannur to stop and search the vehicle bearing Reg. No. KL 11Z 5977 and to seize the same. Apparently, the vehicle has not been seized pursuant to Exhibit-P5 order. But it is now produced before the Jurisdictional Magistrate in connection with the seizure effected on earlier occasions. 2. At this stage, the only direction which is required in my view is for the District Collector to forward Exhibit-P5 along with report of the seizure as and when effected to the Government to be dealt with in W.P ( C) No. 29088 of 2008 2 such a manner as is appropriate and provided under Section 17 of the Act. 3. Accordingly, the writ petition is disposed of directing the 1st respondent to forward Exhibit-P5 along with report of the second respondent to the Government within two weeks from the date of receipt of a copy of this judgment. Thereupon, the Government shall pass orders under Section 17(3) of the Kerala Anti-Social Activities (Prevention) Act, 2007 within three weeks from the date of receipt of the report from the District Collector. If the Government proposes to pass an order for the confiscation of the vehicle, petitioner shall be given notice before such orders are passed. I make it clear that directions are being issued to the Government in circumstances where a vehicle which is sought to be detained, traverses the districts of Kozhikode and Malappuram and in such circumstances, it is appropriate that Government itself passes an order under Section 17 (3) of the Kerala Anti-Social Activities (Prevention) Act, 2007. W.P ( C) No. 29088 of 2008 3 A copy of the report pursuant to Exhibit-P5 order passed by the District Collector shall be made available to the petitioner, if the petitioner makes a requisition in that behalf. This shall be done at any rate, before the Government passes an order under Section 17 (3) of the Kerala Anti-Social Activities (Prevention) Act, 2007 in the manner aforementioned. (V.GIRI,JUDGE) ma W.P ( C) No. 29088 of 2008 4 W.P ( C) No. 29088 of 2008 5 (V.GIRI,JUDGE) ma W.P ( C) No. 29088 of 2008 6 W.P ( C) No. 29088 of 2008 7