IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WA.No. 895 of 2010() --------------------------- (AGAINST THE JUDGEMENT IN WPC.15419/2010 Dated 20/05/2010) ............................... APPELLANT(S): PETITIONER --------------------------------------- SUNDARESAN,S/O.THANKAPPAN,AGED 48 YEARS, THODIYIL KIZHAKKATHIL,KANNATHAKUNNAM,WEST KALLADA, KOLLAM. BY ADV. SRI.V.JAYAPRADEEP RESPONDENT(S): RESPONDENTS ---------------------------------------------- 1. THE STATE OF KERALA REP.BY THE PRINCIPAL SECRETARY,REVENUE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR,KOLLAM. GOVERNMENT PLEADER SMT. K. MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/06/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. --------------------------- W.A No. 895 OF 2010 -------------------------- Dated this the 2nd day of June, 2010 J U D G M E N T Ramachandran Nair, J. Heard the learned counsel appearing for the appellant as well as the learned Government Pleader. On going through the FIR, we notice that only small quantity of sand (15 baskets) was seized from the appellant's truck. We therefore direct the second respondent to release the truck on deposit of an amount of Rs.10,000/- in cash towards security and after making endorsement in the RC book stating that release of the vehicle is subject to the adjudication by the District Collector. The District Collector is directed to complete the adjudication within a period of one month after release of the vehicle. Depending on the order passed by the District Collector, the Police can file a report before the court. It is open to the Collector to instruct the Police whether to pursue the criminal complaint or not. The amount deposited by the appellant will be adjusted towards the fine amount, if any, levied by the District Collector. If the fine imposed is less than Rs.10,000/-, excess amount will be refunded to the appellant. The writ appeal is allowed as above. C.N.RAMACHANDRAN NAIR (JUDGE ) P.S.GOPINATHAN (JUDGE ) vps Crl. R.P..No. 2 Crl. R.P..No. 3