IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 11954 of 2010(T) -------------------------------------- PETITIONER: ------------------- A.RAHIM, S/O.ASANARUKUNJU, AGED 47, RESIDING AT `PARAYARUVILLA' MUTTAKKAVU, NEDUMPANA P.O., KOLLAM-651 580. BY ADV. MR.SAIJU. S. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE STATION HOUSE OFFICER, KOTTIYAM POLICE STATION, KOLLAM DISTRICT. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.11954 OF 2010 --------------------------------------- Dated this the 6th day of April, 2010. J U D G M E N T Aggrieved by Exhibit P10 order passed by the District Collector under the relevant provisions of Act 18 of 2001, this writ petition has been filed. 2. The petitioner is the owner of a vehicle bearing registration No.KL-5 C 3753 which was seized for alleged transportation of river sand. Earlier the petitioner had approached this Court seeking for appropriate directions for release of the vehicle by way of interim custody. The said writ petition was disposed of by this Court as per Exhibit P8 judgment. Thereafter, by Exhibit P10, the present order has been passed by the District Collector. 3. It is the case of the petitioner that the value of the vehicle fixed as per Exhibit P10 order is not correct as no valuation certificate has been obtained. Evidently, a reading of Exhibit P10 shows that no valuation certificate has been obtained W.P.(C) No.11954/2010 2 from the competent authority. Therefore, it was not proper to fix the value of the vehicle as Rs.1,02,500/-. 4. Heard the learned Government Pleader appearing for the respondents who submitted that the value of the vehicle has to be fixed while granting interim custody. Therefore, Exhibit P10 is quashed. There will be a direction to the District Collector to pass a fresh order after getting the valuation certificate through the Regional Transport Officer or any other authorized officer who, on requisition by the District Collector, will provide valuation certificate of the vehicle within a period of one week. Appropriate orders shall be passed within a period of two weeks. The petitioner will produce a copy of this judgment along with copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp