IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WA.No. 1064 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.16790/2010 Dated 16/06/2010 .................... APPELLANT/PETITIONER: -------------- MUJEEB REHMAN.K.P., S/O.KUNHI MOHAMMED, AGED 30 YEARS, KOLAKKATTUPARAMBIL HOUSE, THRIKKANAPURAM P.O., THAVANUR VILLAGE, MALAPPURAM DIST. BY ADV. SRI.T.V.GEORGE RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. DY. TAHSILDAR, PONNANI TALUK, PONNANI, MALAPPURAM. 3. SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, MALAPPURAM. G.P. SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/06/2010, THE COURT ON 24/06/2010 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.1064 of 2010 .................................................................... Dated this the 24th day of June, 2010. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Government Pleader. The only controversy is about valuation of the vehicle made by the District Collector based on Joint R.T.O.'s report. The vehicle is a Mini Tipper lorry of the make 2003. The value based on report of Joint R.T.O. fixed by the Collector is Rs.2.5 lakhs. The appellant has produced Surveyor's report who has fixed the value at Rs.1.75 lakhs. Considering the age of the vehicle which is 7 years and that it is an intensely used commercial vehicle which is a Mini Lorry and in view of the Surveyor's report valuing the vehicle at Rs.1.75 lakhs and since valuation is essentially a subjective matter, we feel leniency is called for. Accordingly Writ Appeal is allowed by reversing the judgment of the learned Single Judge and the W.P.(C) is disposed of by modifying Ext.P4 order of the Collector reducing the value of the vehicle from Rs.2.5 lakhs to Rs.1.75 lakhs. The vehicle will be released on 2 payment and after making endorsement in the RC book that the vehicle was once involved in an offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, so that for repeated offence severe action can be taken. Further, vehicle should be released soon after payment, after making endorsement in the RC book as above and after unloading the sand. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms