IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 24661 of 2010(G) ---------------------------------- PETITIONER(S): --------------- MUHAMMED ANAS, S/O.YOOSAF,AGED 28 YEARS KUZHIKANDATHIL-HOUSE,AYANKALAM P.O, MALAPURAM DISTRICT. (OWNER OF KL-07-AX-9167) BY ADV. MR.SHOBY K.FRANCIS RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 2. SUB INSEPECTOR OF POLICE, VALANCHERY POLICE STATION, VALANCHERY, MALAPPURAM DISTRICT. ADV. MR. P. NARAYANAN - GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.24661 OF 2010 ------------------------------- Dated this the 6th day of August, 2010 J U D G M E N T The petitioner challenges Ext.P2 order passed by the District Collector, Malappuram, by which on a finding that the petitioner has used his vehicle for illegal transportation of river sand in violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, the petitioner was directed to pay an amount of Rs.2 lakhs as value of the vehicle towards River Management Fund. The petitioner now confines his relief for a direction to the first respondent to permit the petitioner to pay the amount in instalments and to direct him to release the vehicle in the meanwhile. 2. I have heard the learned Government Pleader also, who opposes the prayer. 3. Having heard both sides, I feel that the petitioner can W.P.(c)No.24661/10 2 be given some facility to pay the amount in instalments. Accordingly, the writ petition is disposed of with the following directions: The petitioner shall pay an amount of Rs.75,000/- (Rupees seventy five thousand only) within three weeks from today. The petitioner shall also furnish security to the satisfaction of the first respondent for the balance amount. On payment of Rs.75,000/- and on furnishing the security as directed above, the first respondent shall release the vehicle to the petitioner. The petitioner shall pay the balance amount in five equal monthly instalments starting from 1.10.2010. Every subsequent instalment shall be paid on the first working day of every succeeding month. The petitioner shall not alienate or otherwise part with possession of the vehicle and shall keep the vehicle in good working condition. If the petitioner commits default in payment of the initial amount or any of the instalments and if he fails to furnish security as directed above, it would be open to the respondents to seek all legal measures to recover the amount including seizure of the vehicle, enforcement of security etc. If the vehicle is involved in W.P.(c)No.24661/10 3 similar violations, the same shall be immediately seized and shall not be released unless so ordered in the final orders to be passed pursuant thereto. S. SIRI JAGAN, JUDGE acd W.P.(c)No.24661/10 4