IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 7858 of 2010(F) ------------------------- PETITIONER(S): --------------- AHAMMED KABEER, AGED 29 YEARS, S/O. MOHAMMED, PAPPATHIYIL HOUSE, KANNATTIPADI POST, VENGARA, MALAPPURAM DISTRICT. (R.C.OWNER OF KL-11/Y 9569 GOODS CARRIAGE). BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, VENGARA. BY GOVT.PLEADER SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.7858 OF 2010 ----------------------------------------------------- DATED THIS THE 11th DAY OF MARCH, 2010 J U D G M E N T The petitioner is the registered owner of a vehicle bearing registration No.KL 11Y 9569, which was intercepted by the 2nd respondent on 29.1.2010 alleging illegal transportation of river sand. The vehicle was taken to the Police Station and a mahazar was prepared. 2. Presently, the petitioner is aggrieved by the order Exhibit P8 passed by the District Collector in terms of the directions issued by this Court in Exhibit P7 judgment to consider his prayer for grant of interim custody of the vehicle. 3. Going by Exhibit P8, the petitioner is directed to remit an amount of Rs.2 lakhs by way of a demand draft for releasing the vehicle by way of interim custody. Condition Nos.1 and 2 are also objected by the petitioner, wherein the petitioner is prevented from using the vehicle even for transportation of sand with a valid pass and to use the same for other purposes within the entire taluk. 4. Condition No.7 of Exhibit P8 shows that the value has not been ascertained so far. It is in these circumstances that the petitioner objects the direction to deposit an amount of Rs.2 lakhs. W.P.(C)No.7858/10 -2- 5. In similar cases also this Court has found that the orders passed like the one herein are not sustainable. The petitioner cannot be prevented from using the vehicle for legal purposes and such a condition will be violative of the constitutional rights also. 6. Exhibit P8 order is therefore set aside. There will be a direction to the District Collector to pass fresh orders after getting proper valuation of the vehicle from the authorities of the Motor Vehicles Department. Condition Nos.1 and 2 in Exhibit P8 will not be imposed when a fresh order is passed. The petitioner can also produce a proper valuation certificate obtained from the competent authority and produce the same before the District Collector. Appropriate orders will be passed by the District Collector within a period of two weeks. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn