IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14851 of 2010(F)
1. M.SURESH, S/O.MURUGAN, NEW HOUSE,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE DISTRICT COLLECTOR, PALAKKAD.
3. THE STATE OF KERALA, REPRESENTED BY
For Petitioner :SMT.RADHIKA P.GOPINATH
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :18/05/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 14851 of 2010
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Dated this the 18th day of May, 2010
J U D G M E N T
The petitioner is challenging Ext.P2 order passed by
the District Collector, Palakkad, by which, on a finding that
the vehicle owned by the petitioner has been used for illegal
transportation of river sand, the petitioner has been
directed to pay an amount of Rs.1,45,000/- towards River
Management Fund, being the value of the vehicle.
Petitioner’s contention is that the value of the vehicle was
fixed without obtaining a valuation from the competent
officer, which is a must as per the Division Bench decision
of this court in District Collector, Malappuram v. Abdul
Kasim (2010 (1) KLT SN 31 (C. No.38). When it was
pointed out to the learned counsel for the petitioner that the
petitioner will have to pay the value fixed, even if it is
higher than the amount presently fixed, the counsel
confines the relief for time to pay the amount and also for
W.P.(C)No. 14851 of 2010
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interim custody of the vehicle. Taking into account the
facts and circumstances of the case, I direct the
respondents to give the petitioner two months’ time to pay
the amount covered by Ext.P2 order. The vehicle shall be
released to the petitioner on the petitioner providing bank
guarantee for Rs.1,45,000/- as security for the due payment
for the amount covered by Ext.P2 within two months. On
providing such security and producing proof of ownership of
the vehicle, the vehicle shall be released to the petitioner.
However in the meanwhile the registered owner of the
vehicle shall not alienate or part with possession of the
vehicle and the vehicle shall be produced as and when
directed. If in the meanwhile, further transgressions are
noticed in respect of the vehicle, the vehicle shall be
promptly seized and shall not be released until final orders
are passed.
The writ petition is disposed of as above.
S. SIRI JAGAN
JUDGE
shg/