IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 34 of 2010(D) ---------------------------- PETITIONER: -------------- BAIJU.K.M,S/O.CHANDRAN,KAMBIL METHAL HOUSE,OLAVANNA,KOZHIKODE DISTRICT. BY MR.BABU S. NAIR, ADVOCATE. MS.M.T.SHEEBA, ADVOCATE. MR.P.A.RAJESH, ADVOCATE. MR.K.RAKESH, ADVOCATE. MS.VRINDA PAUL, ADVOCATE. RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR,KOZHIKODE. 2. THE SUB INSPECTOR OF POLICE,NALLALAM POLICE STATION,NALLALAM,KOZHIKODE DISTRICT. BY MR.P.NARAYANAN, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.34 OF 2010 --------------------------------------- Dated this the 21st day of January, 2010. J U D G M E N T The petitioner's vehicle namely, Mini Lorry bearing registration No.KL-11V/6138 was seized by the 2nd respondent on 02.11.2009 alleging illegal transportation of river sand. The petitioner seeks for interim custody of the vehicle and by Exhibit P1, an order was passed by the District Collector to release the vehicle on certain conditions. As per the conditions in Exhibit P1, the petitioner will have to remit Rs.1 lakh by way of Demand Draft. It is submitted that the above condition is too harsh to be imposed on the petitioner. 2. Learned Government Pleader on instructions submitted that the order is passed in the light of the fact that the vehicle has been used for illegal transportation more than once and going by the directions issued by the Division Bench in an identical matter, there cannot be any illegality in the order. The vehicle has already been directed to be released on certain W.P.(C) No.34/2010 2 conditions and in that jurisdiction, this Court may not be justified in interfering in the matter. It will be open to the petitioner to got release of the vehicle if he complies the conditions provided in Exhibit P1. There will be a further direction to the District Collector to pass final orders within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner and after assessing various materials. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp