IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 WP(C).No. 37834 of 2009(Y) -------------------------- PETITIONER(S): --------------- I.P.MARAKKAR, KOLIKKAL ILLIPOYIL HOUSE, P.O.UNNIKKULAM, KOZHIKODE. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE REVENUE SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. THE SUB INSPECTOR OF POLICE, KOORACHUNDU. BY GOVERNMENT PLEADER SMT. N. SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma P.R.RAMACHANDRA MENON, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 37834 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 1st day of January, 2010 JUDGMENT Lorry bearing registration No.KL-11 W 5683 belonging to the petitioner was seized on 9-9-2009, on the allegation of transportation of river sand from the reservoir near Panchavadi Bridge. The matter was adjudicated by the competent authority, leading to Ext.P1 order, whereby the petitioner has been directed to pay a sum of Rs.1,00,000/- towards the value of the vehicle, to the River Management Fund; lest further proceedings by way of prosecution under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 should be pursued against the petitioner. 2. Heard the learned Government Pleader appearing for the respondents as well. 3. Learned counsel appearing for the petitioner submits that the petitioner does not intend to challenge Ext.P1 order, that he has chosen to suffer the same and that the incident happened only because of some ignorance on the part of the petitioner. The learned counsel further submits that he is pressing only for the relief to enable the petitioner to clear the liability cast under Ext.P1, by providing reasonable instalments. 4. Learned Government Pleader appearing for the respondents W.P.(C) No. 37834/09 2 submits that Ext.P1 is a final order and that no interference is called for. 5. However, considering the facts and circumstances of the case, the petitioner is permitted to clear the liability by way of two equal instalments, effecting a deposit of Rs.50, 000/- within one week from today and the remaining Rs.50,000/- within three weeks thereafter. On satisfying the first instalment as above, the vehicle belonging to the petitioner and covered under Ext.P1 shall be released to him, subject to the condition that he provides sufficient security to the satisfaction of the 2nd respondent in respect of the remaining liability under Ext.P1. The writ petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE. mn