IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 16078 of 2011(H) --------------------------------------- PETITIONER: ------------------- ASHRAF .C., AGED 33 YEARS, S/O.MAMMADKUTTY, CHEMBALATHIL HOUSE, VADAKKUMPURAM, VALANCHERI, MALAPPURAM. BY ADVS. SRI.E.S.M.KABEER, SRI.ABDUL MAJEED.N RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM-676 505. 2. THE SUB INSPECTOR OF POLICE, KUTTIPPURAM, MALAPPURAM-676 505. R1 & R2 BY GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16078/2011-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER OF THE R.1. DT. 18/03/10. EXT.P.2: COPY OF THE REQUEST FOR INSTALLMENT FACILITY DT. 18/05/2011. EXT.P.3: COPY OF THE JUDGMENT IN W.P.(C).NO.9359/11 DT. 24/03/11. EXT.P.4: COPY OF THE JUDGMENT IN R.P.NO.863/10 DT. 01/10/10. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.16078 OF 2011 -------------------------------------------------- Dated this the 15th day of June 2011 JUDGMENT The vehicle bearing No.KL 11 W 7089, belonging to the petitioner was seized finally culminating in Ext.P1 order passed by the 1st respondent directing the petitioner to satisfy a sum of Rs.3 lakhs payable to the River Management Fund to redeem the vehicle. 2. The learned counsel for the petitioner submits that the petitioner does not intend to challenge the order any further and that the only relief pressed before this Court is to permit the petitioner to clear the liability in a phased manner. 3. Heard the learned Govt. Pleader as well. 4. In the above circumstances, the petitioner is directed to pay a sum of Rs.1 lakh within 'two weeks' and to furnish security for the balance amount to the satisfaction of the respondents. On payment of Rs.1 lakh as above and furnishing security for the balance amount, the vehicle shall be released to the petitioner; subject to the production of the documents regarding the ownership of the vehicle. The balance shall be paid in 'five' equal monthly instalments; the first of which shall be paid on or before 10th of July, W.P.(C) No.16078/2011 2 2011; to be followed by the remaining instalments to be paid on or before the 10th of the succeeding months. This is subject to the further condition that the petitioner shall not alienate or otherwise part with the possession of the vehicle until the entire amount is paid off. The petitioner shall also keep the vehicle in good working condition. However, if the petitioner uses the vehicle for similar unlawful activities, the vehicle shall be seized immediately and shall not be released until final orders are passed. If the petitioner commits default in payment of any one instalment or does not comply with any of the above conditions, it will be open to the respondents to immediately seize the vehicle and take steps to sell the same to recover the amount in a lump sum. Writ Petition is disposed of as above. vdv P.R.RAMACHANDRA MENON, JUDGE