IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 16328 of 2011(M) --------------------------------------- PETITIONER: ------------------- JAFAR, AGED 25 YEARS, S/O. UMMER, MUTHUVADAL HOUSE, PUTHUPPADI P.O., THAMARASSERY (VIA), KOZHIKODE DISTRICT. BY ADV. SRI.T.K.AJITH KUMAR. RESPONDENTS: ------------------------ 1. THE SUB DIVISIONAL MAGISTRATE, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN-679 322. 2. THE SUB INSPECTOR OF POLICE, AREACODE, AREACODE P.O., MALAPPURAM DISTRICT, PIN-673 639. R1 & R2 BY SR. GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16328/2011-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 03/06/2011 PASSED BY THE R.1. EXT.P.2: COPY OF THE REPRESENTATION DTD. 08/06/2011 SUBMITTED BY THE PETITIONER BEFORE THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.16328 OF 2011 -------------------------------------------------- Dated this the 17th day of June 2011 JUDGMENT The petitioner has approached this Court seeking for an opportunity to have the liability (cast upon him by virtue of Ext.P1 order, passed by the 1st respondent) satisfied by way of instalments. 2. The vehicle bearing No.KL-57-B-1031, belonging to the petitioner was seized by the 2nd respondent on 12-03-2011 alleging involvement in illegal transportation of river sand. Pursuant to further steps, the 1st respondent passed Ext.P1 order, whereby the petitioner has been permitted to redeem the vehicle on satisfaction of a sum of Rs.2,50,000/-, payable to the River Management Fund. 3. The learned counsel for the petitioner submits that the petitioner does not intend to challenge the said order and that, the only relief now sought for is to permit him to clear the liability in a phased manner. 4. Heard the learned Govt. Pleader as well. 5. Considering the particular facts and circumstances, this Court finds that the petitioner can be permitted to clear the liability by way of reasonable instalments. Accordingly, the petitioner is W.P.(C) No.16328/2011 2 directed to deposit a sum of Rs.1,00,000/- within 'two weeks' and furnish security either in the form of 'bank guarantee' or in the form of 'immovable property' for the balance amount, on which event the vehicle shall be released to the petitioner, subject to the further condition that the petitioner shall given an undertaking that the vehicle will not be conveyed, sold or alienated to anybody or otherwise part with possession of the vehicle until the entire amount is paid off and further that the vehicle will be produced as and when the same is necessary, if any such situation arises. Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE