IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 10871 of 2011(H) ---------------------------------- PETITIONER(S): ------------------- MOHAMMED ALI.P,AGED 30 YEARS, S/O.IBRAHIM,PULAKKAL HOUSE,KOLATHUR.P.O, MALAPPURAM. BY ADVS. SRI.ESM.KABEER SRI.ABDUL MAJEED.N RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR,MALAPPURAM - 676 505. 2. THE SUB INSPECTOR OF POLICE, VALANCHERRY - 676 552. BY GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2011, ALONG WITH WPC. NO.10968/2011 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs. ANTONY DOMINIC, J. ================ W.P.(C) NOs. 10871, 10926, 10963 & 10968 OF 2011 ========================= Dated this the 5th day of April, 2011 J U D G M E N T These are cases filed by the registered owners of vehicles bearing Regn.Nos. KL-53 7603, KL-56A 8183, KL-10 AE 762 and KL-17 B 979 respectively. Proceedings were initiated under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and orders of confiscation were passed by the District Collector and the RDO as the case may be. These orders have become final. In these writ petitions, the prayer sought for by the petitioners is to permit them to pay the amount of the value of the vehicles as determined by the District Collector and release the vehicles on that basis. In support of this request, learned counsel relies on the order passed by this Court in RP No.863/2010. 2. I heard the learned counsel for the petitioners and also the learned Government Pleader. It is true that by the aforesaid order, this Court directed the petitioner therein to pay the amount fixed by the District Collector in instalments. In view of the said order, for the sake of consistency, the following directions are WPC Nos. 10871, 10926, 10963 & 10968 OF 2011 :2 : issued:- (1) That the petitioners shall pay 50% of the amount due from them within two weeks from today. (2) Along with such payment, they shall also furnish bank guarantee for the remaining 50%. (3) On payment of the 50% and furnishing of bank guarantee as above, the District Collector/Sub Divisional Magistrate concerned shall release the vehicles, of which the petitioners are the registered owners. (4) The balance 50% shall be remitted by the petitioners within one month from the date of release of the vehicles. (5) It is directed that in case the balance 50% is not remitted on the 30th day, the District Magistrate/Sub Divisional Magistrate shall be at liberty to invoke the bank guarantee and realise the amount. (6) Along with the first instalment and the bank guarantee, petitioners shall also furnish undertaking that until the full liability is discharged, they shall not alienate or encumber the vehicles. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp