IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 23559 of 2010(T) ---------------------------------- PETITIONER(S): --------------- M.RASACK, S/O.KUTTU, MACHINCHERY HOUSE, PUTHUR P.O., KOTTAKKAL, MALAPPURAM DISTRICT, (OWNER OF KL-10-AC-3032). BY ADV. MR.SHOBY K.FRANCIS RESPONDENT(S): ------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM-676 505. 2. TAHSILDAR, TALUK OFFICE, PERINTHALMANNA P.O., MALAPPURAM-DISTRICT, PIN-679 322. ADV.MR. P. N. SANTHOSH – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.23559 OF 2010 ------------------------------- Dated this the 28th day of July, 2010 J U D G M E N T By Ext.P2 order, the Malappuram District Collector has directed the petitioner to pay an amount of Rs.2,50,000/- as value of the vehicle seized on allegations of illegal transportation of river sand in violation of the Kerala Protection of River Banks and Regulation of Removal of Sand Act towards River Management Fund. The petitioner seeks custody of the vehicle after permitting the petitioner to pay the amount in instalments. 2. I have heard the learned Government Pleader also, who opposes the prayer. 3. Having heard both sides, I dispose of this writ petition with the following directions: The petitioner shall pay an amount of Rs.1 lakh within two weeks and furnish security to the satisfaction of the District Collector for the balance amount. On payment of Rs.1 lakh and furnishing security as directed above, the vehicle shall be W.P.(c)No.23559/10 2 released to the petitioner. The balance amount shall be paid in five equal monthly instalments starting from 2.9.2010. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments in time, no coercive recovery proceedings shall be initiated against the petitioner. However, if the petitioner commits default in payment of any one instalment, the respondents are free to recover the entire amount in lump sum by seizing the vehicle and selling the same, enforcing the security and otherwise taking coercive action. Until the entire amounts are paid off, the petitioner shall not alienate or part with possession of the vehicle. The petitioner shall keep the vehicle in good working condition. If the vehicle is again involved in any further violation of the provisions of the Act, 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.23559/10 3 W.P.(c)No.23559/10 4