IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 13049 of 2009(A) ----------------------------------------- PETITIONER(S): ------------------------- E.K.SATHI,W/O.RAVEENDRAN, EDAKKADATHIL HOUSE, PANTHALLOOR P.O., KIDANGAYAM-676 521. BY ADVS. MR.K.SHIBILI NAHA, SMT.LOWSY.A. RESPONDENT(S): ---------------------------- 1. DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR. M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13049/2009 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE R.C.BOOK PERTAINING TO THE PETITIONER'S VEHICLE. P2: COPY OF THE ORDER DTD. 30/03/2009 PASSED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------------------- W.P.(C)NO.13049 of 2009 -------------------------------------- Dated this the 26th day of August, 2009. JUDGMENT The petitioner is the registered owner of a mini lorry bearing Registration No.KL-10/F-7782. It was seized on 29.1.2009, alleging illicit transportation of river sand. Thereafter, Ext.P2 order was passed requiring the petitioner to pay an amount of Rs.55,000/- to the river management fund. This has been challenged in this writ petition. 2. There is no tenable contention that the transportation was accompanied by a pass. Therefore, the finding in Ext.P2 that the transportation was illicit requires to be affirmed. I do so. 3. The value of the vehicle was fixed at a reasonable cost. That finding also does not warrant any interference. Learned counsel for the petitioner prays for some breathing time to pay the amount mentioned in Ext.P2. W.P.(C)NO.13049 of 2009 :: 2 :: 4. I heard learned Government Pleader on this aspect. 5. The petitioner shall be granted three months' time to pay the amount mentioned in Ext.P2. Taking note of the fact that the vehice was seized on 29.1.2009, it shall be released to the petitioner on payment of Rs.25,000/-, subject to the condition that if the petitioner fails to pay the balance amount stipulated in Ext.P2, the vehicle shall forthwith be seized and shall be retained in custody till the amount is paid. Subject to the above, the writ petition is disposed of. Sd/- (V.GIRI) JUDGE sk/- //true copy// P.S. to Judge