IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 8205 of 2009(U) --------------------------------- PETITIONER(S): ------------------ ANEESHKUMAR.T.P., S/O.PODIYAN, THENGINIDAYIL, ANGADICAL SOUTH P.O., CHENGANNUR. BY ADV. SRI.K.RAVEENDRAN SRI.ANIL KUMAR M.SIVARAMAN RESPONDENT(S): ------------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE CIRCLE INSPECTOR OF POLICE, KOZHENCHERRY,PATHANAMTHITTA. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 8205 OF 2009 (U) ===================== Dated this the 23rd day of March, 2009 J U D G M E N T The challenge in this writ petition is against Exts.P3 and P4 orders passed by the District Collector. 2. A reading of the writ petition shows that pursuant to Ext.P2 judgment rendered by this Court, the District Collector has ordered release of the vehicle bearing Regn.No.KL-6-610 on condition that the petitioner executes a bond for Rs.70,000/- and Rs. 25,000/- with two solvent sureties. Similarly, vehicle bearing Regn.No.KL-7J 4788 is ordered to be released on executing bond for Rs.2,25,000/- and producing a cash deposit certificate for Rs.25,000/-. Counsel for the petitioner contends that these conditions have been imposed by the District Collector ignoring Ext.P1 where the value of the sand purchased was only Rs.6,000/-. 3. In my view, the value of the sand as reflected in the cash memorandum is immaterial. A perusal of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act shows that ultimately if the vehicle is found to have WPC 8205/09 :2 : used in contravention of the provisions of the Act, the owner is liable to remit the value of the vehicles. Therefore the bond and the cash deposit that are ordered in Exts.P3 and P4 is only to secure such payment in the event the vehicles are found to have violated the provisions of the Act. I cannot find fault with the conditions imposed in Exts.P3 and P4. Needless to say that the District Collector shall finalise and adjudicate the proceedings with notice to the petitioner, as expeditiously a s possible, at any rate within 6 weeks of production of a copy of this judgment. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp