IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 10157 of 2009(L) -------------------------- PETITIONER(S): --------------- KASHIM, S/O.MAKKAI, AGED 54 YEARS KAMMAMKANDATH HOUSE , PERINGOTTUKARA DESOM THANNIAM VILLAGE, THRISSUR DISTRICT OWNER OF KL-08 AD-9791 BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. SUB INSPECTOR OF POLICE, ANTHIKKAD POLICE STATION, ANTHIKKAD, THRISSUR DISTRICT. MR.P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.10157 of 2009 --------------------------------- Dated, this the 30th day of March, 2009 J U D G M E N T Challenge in the writ petition is against the conditions imposed by the 1st respondent in Ext.P4. 2. Facts show that the petitioner is the registered owner of a vehicle bearing Regn.No.KL-08/AD-9791. Proceedings were initiated against the said vehicle under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. Pending finalisation of the proceedings, the petitioner sought release of the vehicle and Ext.P4 order has been passed by the 1st respondent. In Ext.P4, it is ordered that for release of the vehicle, the petitioner should remit an amount of rupees one lakh and also produce two bonds for rupees one lakh each. The petitioner submits that the conditions imposed in Ext.P4 are too onerous and incapable of compliance, and therefore, the writ petition is filed. 3. True, when a request for interim custody of the vehicle implicated in a proceedings is sought for, it is for the District Collector to pass orders imposing conditions. But such conditions WP(C) No.10157/2009 -2- should be reasonable conditions, capable of compliance. A reading of Ext.P4 gives me an impression that the conditions are too onerous and are incapable for compliance. Therefore, I am inclined to interfere with Ext.P4 and modify the order in the following manner:- That the petitioner shall, within one week from today, deposit an amount of Rs.25,000/- with the 1st respondent, and execute a bond with two solvent sureties, undertaking to produce the vehicle in question as and when called for and not to alienate the same until the proceedings are finalised. On such remittance and execution of the bond, the respondents shall release the vehicle to the petitioner pending passing of final orders in the proceedings that are already initiated against the vehicle. It is clarified that this judgment shall not be construed as one limiting the power of the District Collector while passing final orders in the matter. 4. The petitioner shall produce a copy of this judgment before the 1st respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg