IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 15741 of 2010(P) -------------------------------------- PETITIONER: ------------------- PRAMOD, S/O.CHANDRASEKHARAN, KOCHANDRA HOUSE, SHUKAPURAM, EDAPPAL, MALAPPURAM DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR. RESPONDENT: ---------------------- THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. BY GOVT. PLEADER SRI. P.N. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 15741 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of May, 2010 J U D G M E N T By Ext.P1 order, the respondent has directed the petitioner to pay an amount of Rs.1,10,000/- as value of the vehicle seized from the petitioner on allegations of illegal transportation of river sand, on a finding that the transportation of river sand was against the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 & Rules. Petitioner now confines his relief for a direction to the respondent to permit the petitioner to pay off the amount in installments. The learned Government Pleader opposes the same but submits that if this court permits the petitioner to pay off the amount in installments, for immediate release of the vehicle the petitioner may be directed to furnish bank guarantee as security for the due payment for the installments. W.P.(C)No. 15741 of 2010 -2- 2. Having heard both sides this writ petition is disposed of with the following directions: The petitioner shall pay 50% of the amount covered by Ext.P1 within one month and furnish bank guarantee for the balance amount as security for the payment of the balance amount. On payment of 50% and furnishing bank guarantee for due repayment of the balance amount the vehicle shall be released to the petitioner. Petitioner shall be permitted to pay the balance amount in three equal monthly installments starting from the 1st day of the month immediately succeeding the release of the vehicle. Every subsequent installment shall be paid on the first working day of every succeeding month. The above would be subject to further conditions prescribed as per the decision of the Division Bench in [District Collector, Malappuram v. Abdul Kasim (2010 (1) KLT W.P.(C)No. 15741 of 2010 -3- SN 31 (C.No.38)]. If the petitioner commits breach of any of the conditions it would be open to the respondent to seize the vehicle and proceed against the same or recover the amount by resort to other proceedings from the petitioner. If the vehicle is involved in any further violation, the vehicle shall be promptly seized and shall not be released until final orders are passed in respect thereof and are complied with. S. SIRI JAGAN JUDGE shg/