IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 9323 of 2010(M) -------------------------------------- PETITIONER: ------------------- C.ABDUL KAREEM, S/O.MUHAMMED, AGED 46 YEARS, RESIDING AT PANOLATH HOUSE, PATHAPIRIYAM P.O., MANJERI, MALAPPURAM. BY ADVS. MR.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF FOREST AND ENVIRONMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, CIVIL STATION, MALAPPURAM. 3. THE STATION HOUSE OFFICER, EDAVANNA POLICE STATION, EDAVANNA, MALAPPURAM. R1 TO R3 BY GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 9323 of 2010-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2010. JUDGMENT The petitioner is the registered owner of a vehicle, viz. Eicher MGV Tipper lorry bearing registration No.KL10 AB 477. It was seized for illegal transportation of river sand. Thereafter, the petitioner moved the District Collector for interim custody and thereafter approached this Court by filing W.P.(C) No.4737/2010 which was disposed of by Ext.P5 judgment. Finally, by Ext.P7 order, the interim custody has been ordered on certain conditions. Aggrieved by the same, this writ petition has been filed. 2. It is pointed out that Exts.P2 and P3 have not been considered and the value of the vehicle is fixed without getting proper valuation certificate from the Motor Vehicles Department. He is also aggrieved by condition Nos.1 and 2 in Ext.P7. 3. Heard learned Govt. Pleader. In the light of the fact that valuation is not obtained as evident from clause 8 of Ext.P7, Ext.P7 is quashed. The District Collector will pass a fresh order after getting proper valuation of the vehicle, within a period of 10 days from the date of production of a copy of this judgment. Condition Nos.1 and 2 in Ext.P7 also cannot be wpc9323 /2010 2 supported. Going by the same, the petitioner will not be allowed to transport sand even with a valid pass and he cannot use the vehicle within Perinthalmanna Revenue division for any other purpose also. Both these conditions cannot be supported in the light of the fact that he is entitled to carry on his business in accordance with the provisions of the Constitution of India. 4.Therefore, the matter will be reconsidered by the District Collector after getting proper valuation and appropriate orders shall be passed within the aforesaid period of 10 days. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/