IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WA.No. 1036 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.14710/2010 Dated 18/05/2010 .................... APPELLANT/PETITIONER: -------------- UNNIKRISHNAN, S/O.PRAKASAN, AGED 28 YEARS, PAZHUKUNNATH HOUSE, KODUNGALLUR P.O., METHALA VILLAGE, KODUNGALLUR TALUK, THRISSUR DIST. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS/RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION, THRISSUR. 2. THE DISTRICT COLLECTOR, THRISSUR. BY G.P. SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.1036 of 2010 .................................................................... Dated this the 22nd day of June, 2010. JUDGMENT Ramachandran Nair, J. Appeal is filed against judgment of the learned Single Judge confirming the order of the Collector directing the appellant to pay Rs.70,000/- towards value of the vehicle confiscated for transporting river sand without pass. Counsel for the appellant submitted that the vehicle is a mini lorry of 1988 make. Adjudication order also confirms that the vehicle is a mini lorry. Obviously if it is a 1988 model mini lorry, the valuation done by the Collector is excessive. Considering the make and type of vehicle, we feel value has to be re-estimated. Though in the normal course we should remand the matter for reconsideration, we feel valuation itself is a subjective matter and next valuation also may lead to litigation. Therefore, for the sake of finality, we fix the value at Rs.30,000/- (Rupees thirty thousand). Writ Appeal is allowed by vacating the judgment of the learned Single Judge and W.P.(C) is disposed of by modifying the order of the Collector, 2 refixing the value of the vehicle at Rs.30,000/-. On payment of Rs.30,000/-, the vehicle will be released to the appellant but with an endorsement in the RC book that the vehicle was once involved in an offence, so that for repeated offence more severe action could be taken against the appellant. Issue photocopy today itself. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms