IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 18434 of 2011(D) --------------------------------------- PETITIONER(S): ----------------------- K. MOHANAN, S/O.PARUKUTTYAMMA, AGED 50 YEARS, KARUMATHIL HOUSE, KANIPPAYYUR VILLAGE P.O., THRISSUR DISTRICT. (RC OWNER OF KL-08/C-6577). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD-678 001. 2. THE SUB DIVISIONAL MAGISTRATE/RDO, OFFICE OF RDO, OTTAPPALAM, PALAKKAD DISTRICT-679 101. 3. SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION, PATTAMBI P.O., PALAKKAD DISTRICT-678 011. R1 TO R3 BY GOVT. PLEADER SMT.RAJASHREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 18434 of 2011(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 28/02/2011. EXT.P2: COPY OF THE JUDGMENT IN WP(C) NO. 12953/2011 DATED 06/05/2011. EXT.P3: COPY OF THE ORDER DATED 07/06/2011 PASSED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ================ W.P.(C) NO. 18434 OF 2011 (D) ===================== Dated this the 7th day of July, 2011 J U D G M E N T The grievance of the petitioner is that his vehicle bearing Regn.No.KL-8/C-6577 is ordered to be confiscated under Section 23A (3) of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. His grievance is that despite the statutory obligation conferred on the District Collector under the proviso to Section 23, District Collector has not so far fixed the value and offered the petitioner an opportunity to redeem the vehicle. It is true that it is well within the power of the District collector to fix the value in order to enable the petitioner to get the vehicle released. Therefore, I dispose of this writ petition leaving it open to the petitioner to make an appropriate application before the 1st respondent, who on receipt thereof shall get the value of vehicle fixed and offer an opportunity to the petitioner to get the vehicle released on payment thereof. This shall be done, as expeditiously as possible, at any rate within 2 weeks of production of a copy of this judgment along with a copy of the application. ANTONY DOMINIC, JUDGE Rp