IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 6388 of 2010(W) ------------------------- PETITIONER(S): --------------- JOHN HEROLD WILSON C.M., 12/121/ERICHA VILLAI,VAVARAI, S.T.MANKAD P.O., VILAVANCODE,KANYAKUMARI DISTRICT. TAMIL NADU. BY ADV. SRI.P.K.VIJAYAMOHANAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD 3. THE ADDITIONAL SUB INSPECTOR OF POLICE, PUDUNAGARAM POLICE STATION, PUDUNAGARAM P.O.,PALAKKAD DISTRICT. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.6388/2010-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of March, 2010 J U D G M E N T Aggrieved by Ext.P10 order passed by the District Collector with regard to the release of the petitioner's vehicle, this writ petition has been filed. 2. The District Collector as per Ext.P10 order, dated 23/02/2010, has directed that the vehicle will be released, on the petitioner depositing an amount of Rs.1,00,000/- and also executing a bond furnishing security for the balance amount. The order further shows that it is also on a condition that the R.C owner shall produce the vehicle before the District Collector as and when directed. 3. The petitioner has approached this Court in the following circumstances:- He is the registered owner of a Asok Leyland Lorry bearing Registration No.TN-75-4756. According to the petitioner, the vehicle was carrying sand from Tamil Nadu. The petitioner is relying upon Exts.P1 and P2 true copies of the invoices as well as the delivery note issued under the Kerala Value Added Tax Rules, 2005 in support of the plea that the transportation is perfectly legal and valid. By Ext.P4, there was a direction to release the vehicle by way of an interim measure on condition that the owner of the vehicle furnishes an W.P.(C). No.6388/2010 -:2:- irrevocable bank guarantee for Rs.7,50,000/-. This was under challenge in W.P.(C).No.33979/2009, which was disposed of by Ext.P5 Judgment, dated 15/12/2009, wherein this Court directed the District Collector, Palakkad to hear the petitioner or his authorised representative on 23/12/2009 itself and pass final orders in the matter within two weeks thereafter. 4. The present order, Ext.P10, is passed nearly after two months that too by way of an interim measure only. Going by Ext.P10, the District Collector has relied upon the directions of this Court in W.A.No.2578/2009 which applies for releasing the vehicles seized by way of interim custody alone. 5. It is clear from above that Ext.P4 order cannot be sustained as it is not in accordance with Ext.P5 Judgment. 6. The petitioner has a further case that the proceedings cannot be sustained in the light of the fact that sand was brought from Tamil Nadu. It is also pointed out that the second respondent has released various vehicles seized for transportation of sand from Tamil Nadu and Exts.P11 to P15 are the copies of the orders in the matter. 7. The writ petition is allowed. Ext.P10 is quashed. There will be a direction to the petitioner to appear W.P.(C). No.6388/2010 -:3:- before the District Collector on 18/03/2010 by 3 p.m for a further hearing of the matter and the petitioner will also be entitled to produce any other materials, before the District Collector, which could be relied upon. Appropriate orders will be passed within a period of one week thereafter. The petitioner will produce a copy of the writ petition along with a copy of this Judgment before the first respondent for compliance. No costs. (T.R. Ramachandran Nair, Judge.) ms