IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 863 of 2010(D)
1. MUSTHAFA.P,S/O AIMU HAJI,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THAHSILDAR,
For Petitioner :SRI.SHOBY K.FRANCIS
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :01/10/2010
O R D E R
S.SIRI JAGAN, J.
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R.P.No. 863 of 2010
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Dated this the 1st day of October, 2010
O R D E R
This review petition is filed by the petitioner in W.P.(C).No.
22434/2010. That writ petition was dismissed along with a batch of
writ petitions. The petitioner submits that although the petitioner
accepts the said judgment and agrees to pay the amounts directed to
be paid by the petitioner, the petitioner may be given instalment
facility to pay the amounts, insofar as the petitioner does not intend to
challenge the said judgment in appeal.
2. I have heard the learned Government Pleader also.
3. Insofar as the petitioner has voluntarily come forward to
pay the amount without any dispute regarding the judgment
impugned, I am inclined to modify the judgment, as far as W.P.(C).
No.22434/2010 is concerned, granting the petitioner the facility to
pay the value of the vehicle towards river management fund in
instalments. Accordingly, the following further directions are issued in
the writ petition;
The petitioner shall pay Rs.1 lakh out of the amounts due within
two weeks and furnish security for the balance amount to the
satisfaction of the appropriate authority. On payment of Rs.1 lakh and
furnishing security for the balance, the vehicle shall be released to the
r.p.863/10 2
petitioner subject of course to the production by the petitioner of
credentials regarding the ownership of the vehicle. The balance shall
be paid in five equal monthly instalments starting from 1.11.2010.
Every subsequent instalment shall be paid on the first working day of
every succeeding month. This is subject to the further condition that
the petitioner shall not alienate or otherwise part with possession of
the vehicle until the entire amount is paid off. The petitioner shall also
keep the vehicle in good working condition. However, if the petitioner
uses the vehicle for similar unlawful activities, the vehicle shall be
seized immediately and shall not be released until final orders are
passed. If the petitioner commits default in payment of any one
instalment or does not comply with any of the above conditions, it
would be open to the respondents to immediately seize the vehicle and
take steps to sell the same to recover the amount in a lump sum.
The judgment in the writ petition would stand modified as above.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge