IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(C).No. 6014 of 2011(B) -------------------------------------- PETITIONER(S): ---------------------- T.P.MOIDU HAJI, S/O.MUHAMMED KUTTY, THEKKUMPURATH HOUSE, PUTHOOR, ARAKKUPARAMBU P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADVS. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, TRIVANDRUM-695 023. 2. THE DISTRICT COLLECTOR, CIVIL STATION, MALAPPURAM-676 535. 3. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO, PERINTHALMANNA P.O., MALAPPURAM DISTRICT. 4. THE TAHSILDAR, TALUK OFFICE, PERINTHALMANNA P.O., MALAPPURAM DISTRICT. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No. 6014 of 2011 -------------------------- Dated this the 28th February, 2011 J U D G M E N T The vehicle bearing Reg. No. KL-10-C/2779 owned by the petitioner, was seized on 6.2.2010 in connection with illegal transportation of river sand, finally leading to Ext.P2, whereby, the petitioner was enabled to have the vehicle released on satisfaction of a total sum of ` 1.95 lakhs, an equal to the value of the vehicle to be paid to the River Management Fund and asking the petitioner to pay the balance amount of ` 45,000 after giving credit to the sum of Rs.1,50,000 already satisfied by him in this regard. 2. The prayer of the petitioner is to provide some reasonable instalments in view of the similar course pursued by the Division Bench of this Court, as borne by Ext.P3. 3. Heard the learned Government Pleader as well. 4. Taking note of the particular facts and circumstances as narrated by the writ petitioner as to his plight and taking note of the submission made by the learned counsel that the petitioner does not intend to W.P (C) No.6014 of 2011 2 challenge Ext.P2 order in any manner, this Court finds it fit and proper to permit the petitioner to clear the balance amount by way of ' five' equal monthly instalments, the first of which shall be effected on or before 31.3.2011, to be followed by the subsequent instalments to be effected on or before the 30th of the succeeding months. 5. Subject to the above, all coercive steps pursuant to Ext.P2 shall be kept in abeyance. It is made clear that if any default is committed by the petitioner in satisfying the liability as above, the respondents will be free to proceed against the security furnished by the petitioner at the time of obtaining the custody. Petitioner shall not alienate the vehicle till the final liability is cleared as above. The writ petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge W.P (C) No.6014 of 2011 3