IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).No. 26720 of 2010(L) ------------------------------------ PETITIONER(S): ----------------------- V.GOVINDAN KUTTY, AGED 40 YEARS, S/O.KUNHUNNU NAIR, VADAKKE KALATHIL HOUSE, CHEERAMBATHUR, P.O.KOLATHUR, MALAPPURAM DISTRICT. BY ADVS. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DISTRICT COLLECTOR, MALAPPURAM-676505. 3. THE SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION, KOLATHUR P.O., MALAPPURAM-676 328. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.26720 OF 2010 ------------------------------- Dated this the 20th day of August, 2010 J U D G M E N T By Ext.P2 order, the District Collector, on a finding that the petitioner used his vehicle for illegal transportation of river sand in violation of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, the petitioner was directed to pay an amount of Rs.78,000/- as value of the vehicle towards River Management Fund. The petitioner seeks a direction to the respondents to permit the petitioner to pay the amount covered by Ext.P2 in easy instalments. 2. I have heard the learned Government Pleader also, who opposes the prayers. 3. Having heard both sides, I dispose of this writ petition with the following directions: The respondents shall permit the petitioner to pay the amount covered by Ext.P2 in five equal monthly instalments starting from 2.9.2010. Every subsequent instalment shall be W.P.(c)No.26720//10 2 paid on the first working day of every succeeding month. On payment of the first instalment and on furnishing security to the satisfaction of the second respondent for the balance amount, the vehicle shall be released to the petitioner. The petitioner shall not alienate or otherwise part with possession of the vehicle until the entire amount is paid off. The petitioner shall keep the vehicle in good working condition. The petitioner shall produce the vehicle as directed by the second respondent. If the petitioner commits default in compliance with any of the above directions or in payment of any one instalment, it would be open to the respondents to recover the entire amount in a lump sum by resort to all legal means available to them. If the vehicle is seized again for similar violation, the vehicle shall not be released to the petitioner except in accordance with the final order to be passed pursuant thereto. S. SIRI JAGAN, JUDGE acd W.P.(c)No.26720//10 3 W.P.(c)No.26720//10 4