IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 5473 of 2010(H) ------------------------- PETITIONER(S): --------------- YAHYA, AGED 26 YEARS, S/O.ABOOBACKER, PALAPPURA KOTTETH HOUSE, P.O.PANG, MALAPPURAM DISTRICT. BY ADV. SRI.ESM.KABEER SRI.ABDUL MAJEED.N RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. SUB INSPECTOR OF POLICE, VALANCHERRY, MALAPPURAM GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5473/2010-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of February, 2010 J U D G M E N T Petitioner is the owner of a tipper lorry bearing registration No.KL-40-A-7285. It was seized for illegal transportation of river sand. Ext.P4 is the order passed by the District Collector for release of the vehicle by way of interim custody. 2. The grievance raised by the petitioner is that the amount shown as the value of the vehicle is arrived at without obtaining any report from the Regional Transport Officer or any competent officer. He is also aggrieved by condition Nos.1 and 2 therein. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. 4. With regard to the value of the vehicle, it is not evident from Ext.P4 that the same is based on any prior valuation made by the R.T.O or any other competent officer. Apart from that, condition Nos.1 and 2 cannot be supported. As per condition No.1, it is provided that the above vehicle shall not be used for transportation of sand with a valid pass or on any other arrangement till final orders are passed by the District Collector. There cannot be any such restriction. If the petitioner is having a valid W.P.(C). No.5473/2010 -:2:- pass, he will be entitled to transport sand which is permissible under the Act. Therefore, the same has to be deleted. Condition No.2 therein is that the vehicle cannot be used for any purpose within the limits of Tirur Taluk. Such a restriction also cannot be imposed and the same is unreasonable. 5. Therefore, Ext.P4 is set aside. A revised order will be passed after getting valuation from the competent officer within a period of ten days from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms