IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 5666 of 2010(G) --------------------------------------- PETITIONER(S): ------------------------- KUNJIMOIDEEN KUTTY, S/O.MOHAMMEDALI, AGED 44 YEARS, AINIKUNNU HOUSE, VETTICHIRA DESOM, P.O.PUNNATHALA, KURUMBATHUR VILLAGE, MALAPPURAM DISTRICT. (AGREEMENT OWNER OF KRM-2393). BY ADV. MR.SHOBY K.FRANCIS RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 2. TAHSILDAR, TIRUR TALUK, TALUK OFFICE, TIRUR, MALAPPURAM DISTRICT. 3. SUB INSPECTOR OF POLICE, KALPAKANCHERY POLICE STATION, KALPAKANCHERY, MALAPPURAM DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5666/2010-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of March, 2010 J U D G M E N T The petitioner herein is the agreement owner of a mini lorry bearing Registration No.KRM-2393. The second respondent-Tahsildar seized the vehicle on 12/05/2008 alleging illegal transportation of river sand and the same was handed over to the third respondent-Sub Inspector of Police. Later, he moved the Judicial First Class Magistrate Court, Tirur for interim release of the vehicle and, on 02/06/2008, the said Court passed an order granting interim custody of the vehicle on condition to deposit an amount of Rs.25,000/- and execution of a bond for Rs.1,50,000/-. Ext.P2 is the copy of the order. Accordingly, the petitioner deposited Rs.25,000/- on 02/06/2008 itself. 2. Ext.P4 is the final order passed by the District Collector whereby the petitioner is directed to pay Rs.10,000/- towards the value of the vehicle and Rs.25,000/- towards fine. The writ petition filed by the petitioner against the said order was disposed of by Ext.P5 Judgment whereby, this Court set aside Ext.P4 final order to the extent to which it directed the petitioner to pay Rs.25,000/- as fine, and directed the petitioner to pay the W.P.(C). No.5666/2010 -:2:- amount of Rs.10,000/- as demanded in lieu of confiscation of the vehicle. 3. The petitioner accordingly remitted Rs.10,000/- in the office of the first respondent and discharged the liability. When the petitioner approached the J.F.C.M. Court, Tirur for refund of Rs.25,000/-, he was directed to produce a clearance and no-objection certificate from the first respondent's office. The petitioner thereafter approached the District Collector for getting a no- objection certificate as directed by the Magistrate Court. Seeking for appropriate orders in that regard this writ petition has been filed. 4. The petitioner has pointed out that without producing the no-objection certificate from the first respondent, the J.F.C.M. Court, Tirur will not order refund of Rs.25,000/-. 5. The learned Government Pleader submitted that if the petitioner produces receipt in support of remittance of Rs.10,000/-, the first respondent will take action to issue no-objection certificate. Therefore, on the petitioner producing the receipt, appropriate no-objection certificate W.P.(C). No.5666/2010 -:3:- will be issued by the first respondent forthwith for production before the J.F.C.M. Court, Tirur. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms