IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 19926 of 2009(I) -------------------------- PETITIONER : --------------- MADHUSOODHANAN P.S., S/O.KUTTAN PILLA, AGED 39 YEARS, POOVANNUMKALAYIL, ELAVUMTHITTA P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.SAKIR.K.H. RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, PANDALOM POLICE STATION. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 3. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 19926 of 2009 -------------------------- Dated this the 15th July,2009 J U D G M E N T The vehicle belonging to the petitioner was seized for alleged contravention of the provisions of the Kerala Protection of River Banks (Protection and Regulation of removal of sand) Act, 2002 pursuant to the direction issued in Ext.P1. The District Collector passed orders for releasing the vehicle on interim custody as per Ext.P2. Condition Nos. 1, 2 and 5 contained in Ext. P2 are under challenge in this writ petition. 2. Condition No.1 interdicts the petitioner from using the vehicle for transportation of river sand pending final decision. I find no reason to interfere with the same. It is imminently suitable and justifiable. Condition No.5 requires the petitioner to deposit an amount of Rs.25,000/- and also produce two sureties. This is also justified. I find no grounds to interfere with condition No.5. W.P ( C) No. 19926 of 2009 2 3. Condition No.2 does not seem to be justified. It prevents the petitioner from using the vehicle within the limits of Adoor Taluk. The condition requiring the petitioner, the owner of the vehicle, not to use the vehicle within the jurisdiction of the District Collector is not justified. Accordingly, condition No.2 in Ext.P2 shall be deleted and other conditions in Ext.P2 shall remain intact. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 19926 of 2009 3 W.P ( C) No. 19926 of 2009 4