IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25716 of 2010(L)
1. MOHAMMED, S/O.SAIDALAVI, KARUVADI HOUSE,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :16/08/2010
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 25716 of 2010
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Dated this the 16th day of August, 2010.
J U D G M E N T
The petitioner challenges Ext.P3 order of the District
Collector, Malappuram, whereby the District Collector, on a
finding that the petitioner has used his vehicle for illegal
transportation of river sand in violation of the Kerala Protection
of River Banks and Regulation of Removal of Sand Act, the
petitioner was directed to pay an amount of Rs.3,00,000/- being
the value of the vehicle towards River Management Fund.
However, the petitioner confines his relief for a direction to the
respondents to permit the petitioner to pay off the amount in
easy instalments.
2. This is opposed by the learned Government Pleader.
3. Having heard both sides, I dispose of this writ petition
with the following directions:-
The respondents shall permit the petitioner to pay the
amount covered by Ext.P3 order in 6 equal monthly instalments
starting from 2.9.2010. Every subsequent instalment shall be paid
on the 1st working day of every succeeding month. On payment
of the first instalment and furnishing security to the satisfaction
of the District Collector for payment of the balance, the vehicle
W.P.(C).No. 25716 of 2010 2
shall be released to the petitioner. Petitioner shall not alienate or
otherwise part with possession of the vehicle until the entire
amount covered by Ext.P3 order is paid of. The petitioner shall
keep the vehicle in good working condition. If the petitioner
complies with the above directions and pays the instalments on
the due dates, further coercive proceedings for recovery of the
amounts covered by Ext.P3 shall be kept in abeyance. However,
if the petitioner commits default in compliance of any of the
conditions as above or payment of any of the instalments, it will
be open to the respondents to recover the entire amount in a
lump sum by resort to all legal means available to them. If the
vehicle is again seized on allegations of similar violation, the
same shall not be released except in accordance with the final
orders to be passed pursuant to such seizure.
S.SIRI JAGAN, JUDGE
mns