IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 9893 of 2010(J) -------------------------------------- PETITIONER(S): ------------------------ 1. RAHMATH, W/O.RASHEED, KANELI VEEDU, OKKAL P.O., THRISSUR DISTRICT. 2. SHINU, 10/578, PAININGAL HOUSE, EDAVOOR, KOOVAPPADY, THRISSUR. 3. ARUN BASHEER, 10/184, KAPRAKKATTU HOUSE, KOOVAPPADY, THRISSUR. BY ADV. MR.B.V.JOY SANKER RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE REVENUE DIVISIONAL OFFICER, THRISSUR. 4. THE SUB INSPECTOR OF POLICE, KORATTY, THRISSUR DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.9893 OF 2010 --------------------------------------- Dated this the 31st day of March, 2010. J U D G M E N T The petitioners are the registered owners of Tipper Lorries bearing Nos.KL 02 F 9441, KL 7 Y 7041 and KL 3 E 2433 respectively. The above vehicles were seized alleging violation of the provisions of the Kerala Conservation of Paddy Land & Wet Land Act 2008. They were seized while transporting clay from the St.Antony's Church, Kanakamala which, according to the petitioners, was allowed to transport. 2. Presently, the petitioners are aggrieved by Exhibit P2 order of the District Collector whereby there is a direction to furnish an irrevocable Bank guarantee for an amount of Rs.2,00,000/- for each vehicles as security for the release of them by way of interim custody. Learned counsel for the petitioners submitted that the amount has been fixed exorbitantly. The petitioners are relying upon Exhibit P4 order to show that only lesser amounts have been fixed in the said case. W.P.(C) No.9893/2010 2 3. Heard the learned Government Pleader appearing for the respondents. Even though the learned counsel for the petitioners submitted that the order itself is bad in law, I am not going into the same in the light of the fact that final order is yet to be passed. Exhibit P2 is only an order granting interim custody of the vehicles. The contentions of the petitioners on merits are yet to be analysed by the District Collector. There will be a direction to release the vehicles on the petitioners furnishing Bank guarantee for an amount of Rs.1 lakh and on executing a bond for the remaining amount of Rs.1 lakh. The other conditions mentioned in Exhibit P2 will remain as such. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp