IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 29255 of 2009(B) -------------------------- PETITIONER(S): --------------- KURIAKOSE, S/O. NIKLAVOS, AGED 28 YEARS PANKKAL HOUSE, KOONMOOCHI.P.O., KANDANASSERY, THRISSUR DIST. (RC OWNER OF KL-13-B-299) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE THRISSUR. 2. SUB INSPECTOR OF POLICE GURUVAYOOR POLICE STATION, GURUVAYOOR.P.O. THRISSUR DISTRICT. BY GOVT. PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 29255 OF 2009 -------------------------- Dated this the 16th day of October, 2009 J U D G M E N T Heard Sri. Shoby K.Francise, the learned counsel appearing for the petitioner and Sri. P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a mini lorry bearing Reg. No. KL-13-B-299. The said vehicle was seized by the second respondent and produced before the District Collector, Thrissur, on 11.9.2009, on the allegation that it was used to transport river sand without a valid pass. The petitioner thereupon filed W.P.(C) No.26126 of 2009 in this Court. By Ext.P2 judgment delivered on 16.9.2009, this Court disposed of the said writ petition with a direction to the District Collector, Thrissur, to consider petitioner’s request for the interim custody of the vehicle and pass orders thereon within 10 days from the date of receipt of a copy of the judgment. The District Collector was also directed to pass final orders within three months. The District Collector thereafter heard the petitioner and passed Ext.P3 order granting interim custody of W.P.(C) No. 29255/09 2 the vehicle to the petitioner subject to the terms and conditions stipulated therein. He inter alia directed the petitioner to remit the sum of Rs.1,00,000/- with two solvent sureties for the like sum. The said direction to remit Rs.1,00,000/- in cash is challenged in this writ petition. 4. The learned counsel appearing for the petitioner contends that the direction issued by the District Collector to deposit Rs.1,00,000/- in cash is an onerous condition and cannot be complied with. He contends that the said direction has been issued with a view to ensure that the order releasing the vehicle by way of interim custody is rendered illusory and meaningless. Per contra, the learned Government Pleader contends that such a condition was stipulated in view of previous instances where persons who had obtained interim custody of vehicles had disposed of their vehicles for scrap value and the State was disabled from proceeding against the vehicles and realising the value of the vehicle by sale in public auction. I have considered the submissions made at the Bar by the learned counsel appearing on either side. In view of the fact that in W.P.(C) No. 29255/09 3 the case on hand the vehicle is nearly 15 years old, it has to be necessarily held that the direction issued by the District Collector to deposit Rs.1,00,000/- in cash is onerous condition. However that does not mean that the petitioner should be left free to deal with the vehicle in any manner he likes. I accordingly dispose of this writ petition with the direction that in the event of the petitioner depositing the sum of Rs.25,000/- in cash and furnishing a bank guarantee for the sum of Rs.50,000/- to the satisfaction of the District Collector, Thrissur, the vehicle shall be released to the petitioner by way of interim custody as directed in Ext.P3. The petitioner shall abide by the other conditions stipulated in Ext.P3. The petitioner shall also be given a reasonable opportunity to challenge the final order in other appropriate proceedings and for that purpose, the bank guarantee shall not be invoked for a period of one month, after final orders are passed, as directed in Ext.P2. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 29255/09 4