IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 WP(C).No. 14495 of 2010(J) -------------------------- PETITIONER(S): --------------- M.P. ABDULLAH, S/O. MANNU HAJI, AGD 50 YEARS, MELEPATH PUTHIYAPURAYIL, PAMBURUHY, P.O. NARATH, POST KOLACHERRY, KANNUR BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, LAND REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR. 3. THE SUB INSPECTOR OF POLICE, VALAPPATTANAM POLICE STATION. BY GOVT. PLEAER SRI. M.P. MOHAMMED FAZIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.14495 OF 2010 (J) -------------------------------------------------- Dated this the 6th day of May, 2010 J U D G M E N T Petitioner is a registered owner of a truck bearing registration No.KL-13-R/5667. Proceedings were initiated against the vehicle on the basis that it was involved in the unauthorized transportation of river sand. Such proceedings culminated in Ext.P8 order of the District Collector dated 20.3.2010, directing that on remittance of Rs.3 lakhs towards River Management Fund, the vehicle shall be released to the petitioner. It is also ordered that such remittance shall be made within one month. 2. Counsel for the petitioner submits that the order was received only two weeks back and that due to financial constraints the amount could not be remitted. He apprehends that the respondents may proceed to dispose of the vehicle in auction on the basis that the petitioner did not make remittance in terms of Ext.P8. 3. Although in the writ petition several grounds have been raised against Ext.P8, when the writ petition was taken up for WPC.No. 14495/2010 :2 : hearing, the counsel for the petitioner seeks only time to discharge the liability and get the vehicle released. 4. Having regard to the submission thus made, I feel it is only appropriate that the petitioner should be given an opportunity to pay the amount. The writ petition is therefore disposed of with the following directions. 5. It will be open to the petitioner to remit the amount due under Ext.P8 in two equal monthly instalments, first of which shall be paid on or before 20.5.2010.The 2nd instalments shall be made on or before 20.6.2010. On remittance of the instalment vehicle shall be released to the petitioner. Along with the remittance of the amount petitioner shall also file an undertaking before the 2nd respondent not to alienate or encumber the vehicle and also to produce the same as and when called for. It will be open to the respondents to make necessary endorsement on the RC book and to proceed against the petitioner or his vehicle in case the petitioner does not make remittance of any of the installments as directed above. WPC.No. 14495/2010 :3 : Petitioner shall produce a copy of the judgment along with a copy of this writ petition before the 2nd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/