IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 9782 of 2010(W) ------------------------- PETITIONER: --------------- ABDUL NASAR P., AGED 30 YEARS, S/O.KUNJU MOHAMMED, PANDARATHODI HOUSE, PAZHAMALLOOR P.O., KOOTTILANGADY VIA., MALAPPURAM DISTRICT, (OWNER OF KL-10-Y/3309). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: -------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 2. SUB INSPECTOR OF POLICE, MALAPPURAM POLICE STATION, MALAPPURAM DISTRICT. BY GOVT. PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.9782 OF 2010 ----------------------------------------------------- DATED THIS THE 23rd DAY OF MARCH, 2010 J U D G M E N T The petitioner is aggrieved by Exhibit P1 order passed by the District Collector, wherein a vehicle involved is allowed to be released on deposit of Rs.2 lakhs and another seven conditions have been imposed in the said order. Condition No.7 shows that the valuation of the vehicle has not been obtained, while fixing the amount as Rs.2 lakhs. Therefore, the learned counsel for the petitioner submitted that Exhibit P1 has been passed illegally. 2. Heard the learned Government Pleader appearing for the respondents. 3. Evidently, going by condition No.7, the Assistant Executive Engineer (PWD) Mechanical or the AMVI has not fixed the value and issued a certificate for enabling the District Collector to pass the order regarding the interim custody of the vehicle. Therefore, Exhibit P1 is set aside. Condition Nos.1 and 2 therein also cannot be supported as the petitioner cannot be W.P.(C)No.9782/10 -2- restrained from transporting sand with a valid pass and the further restriction that he cannot operate the vehicle within the Perinthalmanna Taluk also cannot be supported. Therefore a fresh order will be passed after getting a proper valuation certificate from the Assistant Executive Engineer (PWD) Mechanical or the AMVI who on a requisition by the District Collector will issue the certificate within a period of one week. Appropriate orders will be passed by the District Collector within a period of 10 days from the date of production of a copy of this judgment. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn