IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WP(C).No. 2427 of 2010(C) ------------------------- PETITIONER: --------------- ABDUL LATHEEF, AGED 32 YEARS, S/O.ABDUL RAHIMAN, CHITTOTHAYIL HOUSE, PALLAM P.O., THRISSUR. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. THE SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION, THRISSUR. GOVERNMENT PLEADER: SRI P N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P-1 PASS NO.2435 ISSUED BY THE TALUK OFFICER, THALAPPALLY WITH DATE OF LIFTING THE SAND AS 25-11-2009 OT THE PETITIONER'S VEHICLE. EXHIBIT P-2 SEIZURE MAHAZAR DATED 25-11-2009 IN RESPECT OF THE VEHICLE, KL-7N-1845. EXHIBIT P-3 WRITTEN STATEMENT DATED 11-01-2010 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT. EXHIBIT P-4 ORDER DATED 18-01-2010 ISSUED BY THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL TRUE COPY PA to JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.2427 of 2010 ------------------------------------------------ Dated this the 9th day of February, 2010 JUDGMENT The petitioner herein is the registered owner of the vehicle bearing registration No.KL-7N-1845, a TATA Tipper Lorry with valid goods permit. It was being used for transportation of river sand with a valid pass. The second respondent has intercepted the vehicle and seized the same at around 2.30 p.m. on 25/11/2009. Ext.P1 is the copy of the pass No.2435 issued by the Taluk Officer, Thalappally. According to the petitioner, when the second respondent seized the vehicle, it was empty. The seizure mahazar has also been produced in support of the above plea. The petitioner had earlier approached this Court when the vehicle was initially seized on 26/12/2009 for a similar offence and this Court in W.P.(C)No.37781 of 2009 directed the first respondent to consider the application for interim custody and pass an appropriate order. 2. The petitioner has approached this Court in this writ petition challenging Ext.P4 order passed by the District Collector directing that the R.C.owner should remit Rs.1,55,000/- towards River Management Fund and execute a bond furnishing security W.P.(C)No.2427 of 2010 2 for the balance amount after complying with certain conditions. This Court passed an interim order on 25/1/2010 directing the District Collector to conduct a physical verification of the vehicle by deputing a competent officer. Today, when the matter came up for further hearing, the learned Government Pleader produced before me for perusal file B7-62036/09 of the District Collector. It is evident from the said file that the District Collector had deputed the Tahsildar, Thalappally to conduct physical verification directly and report. Tahsildar Thalappilly has reported that “no sand is seen in the back cabin of the vehicle except one or two bowls of sand granules scattered in the vehicle”. 3. It is clear from the report of the District Collector that the Sub Inspector or Police, Cheruthuruthy intercepted it on getting a secret information. It is also informed that there is a previous history of committing similar offence as far as the said vehicle is concerned and now the matter is pending before this Court in W.P.(C)No.24319 of 2009. 4. In the light of the report made by the District Collector, it is evident that the plea raised by the petitioner is W.P.(C)No.2427 of 2010 3 liable to be accepted. It is evident that the vehicle was not loaded with any river sand at the time of seizure. It was having a valid pass, according to the petitioner. 5. In that view of the matter, the conditions imposed in Ext.P4 to deposit Rs.1,55,000/- is lifted cannot be sustained and Ext.P4 is quashed. There will be a direction to the District Collector to release the vehicle to the petitioner on production of a copy of this judgment. The District Collector will pass final orders after considering all materials and after hearing petitioner. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj