IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 29450 of 2011(E) -------------------------- PETITIONER --------------- ABDUL RASHEED, S/O.SAIDALAVI, PARA HOUSE, KULATHOOR PO, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): --------------------- 1. THE REVENUE DIVISIONAL OFFICER PERINTHALMANNA TALUK, MALAPPURAM DISTRICT 679322. 2. THE SUB INSPECTOR, KOLATHUR POLICE STATION, MALAPPURAM DISTRICT 679388. BY SENIOR GOVERNMENT PLEADER SMT.M.J.RAJSREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2011, ALONG WITH WPC NO. 29465 OF 2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 29450 of 2011(E) --------------------------------- APPENDIX -------------- PETITIONER(S) EXHIBITS ------------------------------- EXT.P1 TRUE COPY OF THE INSPECTION REPORT DT.24.9.2011 PREPARED BY THE ASSISTANT MOTOR VEHICLES INSPECTOR , SUB REGIONAL TRANSPORT OFFICE, PERINTHALAMANNA. EXT.P2 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLES BEARING REGISTRATION NO.KL-10/B-957. RESPONDENTS' EXHIBITS : NIL ------------------------------ / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J ....................................................... W.P.(C)s.29450 & 29465/2011 .............................................. Dated this the 14th day of November, 2011 JUDGMENT Petitioners are owners of vehicles bearing Nos. KL-10/B-957 and KL-10/C-2694. The prayer sought for in these writ petitions is a direction to the respondents to release the vehicles on the petitioners paying the value as reflected in Ext.P1 proceedings which are Rs.18,000/- and 32,000/- respectively. 2. The learned Government Pleader has obtained instructions in the matter and according to the learned Government Pleader, the value that is relied on by the petitioners is the upset value fixed by the Motor Vehicles Department for putting the vehicles in auction. 3. From the pleadings, it is evident that proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, were initiated against the vehicles. It is also evident from the submissions made by the Government Pleader that for releasing the vehicles on interim custody, the value of the vehicles was fixed at Rs.90,000/- and 50,000/- by the Motor W.P.(C).29450 &29465/11 2 Vehicles Department. Petitioners did not avail of the opportunity of interim custody. Subsequently, proceedings were also finalized, directing confiscation of the vehicles and giving the petitioners an opportunity to get the vehicles released on payment of the value of Rs.90,000/- and Rs.50,000/- respectively. At that stage also, petitioners did not seek release of the vehicles. It was therefore, steps were taken for auctioning the vehicles and it was for that purpose, upset value has now been fixed. 4. In my view, there is no substance in the contention of the petitioners that upset value as reflected in Ext.P1 is the present value and therefore, the vehicles should be released to them on payment of the said value. The present value of the vehicles can be fixed only if auction is held and upset value cannot be taken as the actual value for releasing the vehicles to the petitioners. As already seen, on seizure of the vehicles, actual value was got assessed and the petitioners were given an opportunity to deposit the same and got the vehicles released. This opportunity was not availed of by them. It was therefore, on finalization of the proceedings, the upset value had to be fixed. Therefore, I am W.P.(C).29450 &29465/11 3 not inclined to issue any direction to release the vehicles to the petitioners on remitting the upset value as mentioned in Ext.P1. Writ petition is dismissed. ANTONY DOMINIC, Judge mrcs /true copy/ P.A. To Judge