IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 6990 of 2010(W) -------------------------------------- PETITIONER: ------------------- MUSTHAFA.P., AGED 38 YEARS, S/O.AYAMU HAJI, PALLIKKARA HOUSE, CHENGOTTUR.P.O, PONMALA, MALAPPURAM DISTRICT. BY ADVS. MR. E.S.M.KABEER, MR.ABDUL MAJEED.N. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. SUB INSPECTOR OF POLICE, PERINTHALMANNA. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 6990 of 2010-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2010. JUDGMENT The petitioner's vehicle KL-10 AD 7330 Tipper Lorry was seized by the second respondent alleging violation of Act 18 of 2001, for transportation of river sand. The petitioner is now aggrieved by Ext.P1 order, whereby while considering an application for interim custody of the vehicle, he was directed to remit a sum of Rs.2,50,000/- on the basis of the value of the vehicle. He is also aggrieved by the two conditions therein, viz. condition Nos.1 and 2, whereby he is prohibited from transporting sand even with a pass and not to do any activity within the jurisdiction of Perinthalmanna taluk. 2. Heard learned Govt. Pleader for the respondents. Going by Condition No.8 of Ext.P1, it is evident that the valuation of the vehicle has not so far been obtained from the competent authority. Therefore, the above amount is fixed evidently, on a provisional basis for releasing the vehicle. Apart from that, condition Nos.1 and 2 also cannot be supported. The petitioner cannot be prevented from doing his avocations in legal manner. The direction not to use the vehicle within the limits of Perinthalmanna wpc6990 /2010 2 taluk, also cannot be sustained. 3. Therefore, Ext.P1 is set aside. There will be a direction to the District Collector to pass fresh orders within a period of 10 days from the date of production of a copy of this judgment, after getting the valuation of the vehicle from the officers of the Motor Vehicles Department, who on requisition from the District Collector, shall issue the same. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/