IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 9359 of 2011(T) ------------------------- PETITIONER(S): --------------- YAHYA, AGED 27 YEARS, S/O.ABOOBACKER, PALAPPURATH KOTTETH HOUSE, P.O.PANG, MALAPPURAM. BY ADV. SRI.ESM.KABEER SRI.ABDUL MAJEED.N RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE THAHSILDAR, TIRUR. BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.9359 of 2011 -------------------------- Dated this the 24th March, 2011 J U D G M E N T The petitioner submits that the only prayer is to grant instalment facility to pay the due amounts and that the petitioner does not intend to challenge Ext.P1 order issued by the 1st respondent on 21.5.2010. 2. Heard the learned Government Pleader also. 3. In so far as the petitioner has voluntary come forward to pay the due amount without any dispute, this Court is inclined to grant the petitioner the facility to pay the value of the vehicle towards river management find in instalments. Accordingly, the following directions are issued in the writ petition: The petitioner shall pay a sum of Rs.1 lakh out of the amounts due within two weeks and furnish security for the balance amount to the satisfaction of the respondents. On payment of Rs.1 lakh and furnishing security for the balance, the vehicle shall be released to the petitioner; subject of course to the production by the petitioner of credentials regarding the ownership of the vehicle. The W.P (C) No. 9359 of 2011 2 balance shall be paid in 'five' equal monthly instalments; the first of which shall be paid on or before 10th of May, 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 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 would 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. The writ petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge