Allowed

Noushad P.M. v. the District Collector, Pathanamthitta

Kerala HC3 Aug 2009RP/719/2009

Case brief

AI extract

What is this about?

The Single Judge allowed the review petition and set aside the impugned judgment holding that the seizure of a vehicle under the Kerala Anti Social Activities (Prevention) Act, 2007, is illegal based on directions issued by a Division Bench in W.P. No.9925/2009.

What did the court decide?

The review petition was allowed and the judgment dated 01.07.2009 in W.P.(C).18304/2009 was set aside.

Noushad P.M. Vs the District Collector, Pathanamthitta — Land Acquisition | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.GIRI

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MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931

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RP.No. 719 of 2009()

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-------------------AGAINST THE JUDGEMENT IN WPC.18304/2009 Dated 01/07/2009

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REVIEW PETITIONER(S): PETITIONER IN WPC

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NOUSHAD P.M., AGED 35 YEARS, S/O. MUHAMMED, PUTHANPEEDIKAYIL HOUSE, LAHA P.O., POTTAMMOOZHY, PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.S.SHANAVAS KHAN SMT.S.INDU

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RESPONDENT(S): RESPONDENTS

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THE DISTRICT COLLECTOR, PATHANAMTHITTA.

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THE SUB INSPECTOR OF POLICE, PERUNAD.

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BY GP SRI.P.N.SANTHOSH

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V.GIRI, J

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R.P.719/2009 in W.P.(C).18304/2009

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Dated this the 3^rd day of August, 2009

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ORDER

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Review petition has been filed alleging that a similar set of facts was dealt with by this Court in Annexure-A judgment. Learned Government Pleader refutes the submission. He submits that in Annexure-A, vehicles therein were not seized and it was therefore, that the Government Pleader had submitted that it is open to the petitioners to use the same. In the instant case, the vehicle was seized under the Kerala Anti Social Activities (Prevention) Act, 2007. If that be so, the issue will now be dealt with in terms of the directions issued by a Division Bench of this Court in Writ Petition No.9925/2009 and Connected cases. The Bench had in the said case, declared that seizure of vehicle for alleged illicit transportation of river sand under Section 17 of the Kerala Anti Social Activities (Prevention) Act, 2007, is illegal. The directions issued by the Division Bench in paragraph 12 of the judgment would be applicable to the present case also.

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R.P.719/09

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But the Division Bench has directed the release of the vehicles subject to conditions imposed, in Writ Petition No.9925/2009. This will include deposit of an amount of Rs.25,000/- as well.

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In the circumstances, the Review petition is allowed. The judgment dated 1.7.2009 in W.P.(C).18304/2009 is set aside.

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V.GIRI, Judge

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mrcs

Noushad P.M. v. the District Collector, Pathanamthitta

Case brief

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Noushad P.M. v. the District Collector, Pathanamthitta

Case brief

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What did the court decide?

What the court decided

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