IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 7758 of 2010(T) ------------------------- PETITIONER: --------------- ABDUL RAZAK, AGED 31 YEARS, S/O.MOOSA, KIZHAKKEKALATHIL HOUSE, MANGALAM P.O., TIRUR, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.M.R.VIBIN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, TIRUR. BY GOVT.PLEADER SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.7758 OF 2010 ----------------------------------------------------- DATED THIS THE 10th DAY OF MARCH, 2010 J U D G M E N T Aggrieved by Exhibit P4 order passed by the District Collector with regard to the prayer for release of interim custody of an autorickshaw, No.KL 10U 6275, this Writ Petition has been filed. As per the impugned order the petitioner has been directed to remit an amount of Rs.60,000/-. 2. It is pointed out that conditions 1 to 3 cannot be sustained as the same cannot be imposed against the petitioner. It is also pointed out that the direction to remit an amount of Rs.60,000/- has been ordered without getting the valuation from the R.T.O. which is evident from condition No.7 in Exhibit P4 itself. 3. Heard the learned Government Pleader appearing for the respondents. 4.`It is clear from condition No.7 in Exhibit P4 that the value of the vehicle has not been obtained through the Motor Vehicles Department. It is pointed out by the petitioner that the W.P.(C)No.7758/2010 -2- autorickshaw is of 2004 model. Therefore, the value is highly excessive and the petitioner will not be able to remit the amounts also. Apart from that conditions 1 to 3 cannot be sustained, it is submitted. There cannot be a condition that the petitioner shall not transport sand even with a valid pass and that the vehicle cannot be used for any purpose within the Tirur Taluk. The 3rd condition, also cannot be supported, as for indulging in a legal activity, the vehicle cannot be seized. 5. Therefore Exhibit P4 is set aside. The District Collector will pass fresh orders after getting proper valuation of the vehicle from the Motor Vehicles Department within a period of two weeks. Fresh orders will be passed accordingly without imposing conditions like items 1 to 3 in Exhibit P4. He will be free to fix other suitable conditions. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn