IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 28698 of 2011(J) -------------------------- PETITIONER(S): --------------- MUHAMMEDALI, S/O.AYAMU, MANKANDAN HOUSE, KOLATHUR P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT 679322. 2. THE SUB INSPECTOR, KOLATHUR POLICE STATION, MALAPPURAM DISTRICT 679338. BY SENIOR GOVERNMENT PLEADER SMT. M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 28698 of 2011(J) ---------------------------- APPENDIX -------- PETITIONER(S) EXHIBITS ------------------------ EXHIBIT P1- TRUE COPY OF THE INSPECTION REPORT DATED 23.9.2011 PREPARED BY THE ASSISTANT MOTOR VEHICLES INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, PERINTHALMANNA. RESPONDENTS' EXHIBITS ------------------------ / TRUE COPY / P.A.TO JUDGE VK ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 28698 OF 2011 ----------------------------------------------------- Dated this the 8th day of November, 2011 J U D G M E N T The writ petition concerns with the allegation that the vehicle bearing Reg.No.KL.08-F/8127 in respect of which proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 were pending, is refused to be released even on the owner agreeing to pay the value fixed by the respondents. 2. According to the petitioner, pursuant to the proceedings under the said Act an order of confiscation was passed by the first respondent and that the value of the vehicle was fixed by an officer of the Motor Vehicle's Department. It is stated that despite his willingness to pay the amount the vehicle is not released. The learned Government Pleader rightly submits that the petitioner is not the registered owner and that the value offered to be deposited is less than the value fixed b y the Motor Vehicle's Department. W.P.(C) No. 28698 OF 2011 :2 : 3. Going by the pleadings the petitioner only claims the status of an agreement owner of the vehicle. Since the title to the vehicle can be ascertained only from the registration certificate, its release can also be only to the person whose name figures in the registration certificate. Therefore if the R.C. owner remits the value fixed by the Motor vehicle Departmen, there is no reason why the respondent shall not release the vehicle to the registered owner. In that view of the matter I dispose of the writ petition directing that on the registered owner of the aforesaid vehicle remitting its value as fixed by the Motor Vehicle's Department, the respondent shall release the vehicle to such owner. ANTONY DOMINIC, JUDGE ul/-