IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WA.No. 1397 of 2011 --------------------- AGAINST THE JUDGEMENT IN WPC.24773/2011 Dated 19/09/2011 .................... APPELLANT/PETITIONER: --------------------------- MUHAMMED SHAFFI, S/O.MUHAMMED, PALLIKANDI HOUSE, KOODATHAYI, OMASSERY, KOZHIKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT/RESPONDENT: ------------------------------- THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA, MALAPPURAM DISTRICT-679 322. BY SENIOR GOVT. PLEADER, SRI.BENNY GERVACIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2011, ALONG WITH W.A. Nos.1398 & 1400 of 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. Nos. 1397, 1398 and 1400 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2011 JUDGMENT Ramachandra Menon, J. The issue involved in all these appeals is one and the same. The vehicles belonging to the appellants were seized alleging offence under the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 in respect of illegal transportation of river sand. 2. In the proceedings followed, the vehicles were ordered to be confiscated by the competent authority under the Act, pursuant to which the appellants have been served with notice to satisfy the amount as specified therein, stated as the market value of the vehicle concerned, as payable to the 'River Management Fund', if at all the appellants wanted to have the vehicles redeemed, in place of confiscation. 3. Met with the situation, the appellants approached this Court by filing the writ petitions stating that they did not intend to challenge the orders passed by the concerned authority WA No.1397 and connected cases. -:2:- and that the only relief sought before this Court was to have the benefit of instalment for satisfying the liability mulcted upon them. Interference was declined and the writ petition was dismissed holding that there is no provision under the Statute, which hence is under challenge in these appeals. 3. Heard the learned counsel for the appellants as well as the learned Government Pleader appearing for the respondents. 4. After considering the facts and circumstances, this Court finds that the interest of the 'Revenue' can be protected by directing the appellants to furnish security on enabling them to have the liability discharged in a phased manner. 5. Accordingly, the liability cast upon the appellants will stand permitted to be cleared by way of 'six' equal monthly instalments, the first of which shall be remitted forthwith, at any rate within two weeks and the rest shall be remitted on or before the last working day of the succeeding months. Subject to this, the recovery proceedings shall be kept in abeyance for the time being. On satisfaction of 50% of the total amount, the vehicle WA No.1397 and connected cases. -:3:- shall be released to the concerned appellant on condition that the appellants furnish security by way of immovable property for the due amount to the satisfaction of the respondent concerned. It is further made clear that, if the appellants indulge in any repeated offence of similar nature, the vehicle shall be seized and the custody shall not be released to the appellants, under any circumstance. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb