IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 19149 of 2010(P) -------------------------- PETITIONER(S): --------------- MOHAMMED SAKEER.K.,S/O.MAHIN K., SHAFEEK MANZIL BEVINJA P.O.,THEKKIL FERRI, KASARAGOD. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY ITS SECRETARY(REVENUE DEPARTMENT) GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, KANNUR, CIVIL STATION, KANNUR. GOVERNMENT PLEADER, SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19149/2010-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of June, 2010 J U D G M E N T The petitioner is the registered owner of vehicle bearing registration No.KL-04-V-2361. On 09/04/2010, the said vehicle was intercepted by the police and was seized alleging illegal transportation of river sand. It is averred in the writ petition that the vehicle was used for transportation of river sand with valid permit. Ext.P3 is the copy of the permit issued by the competent authority to transport river sand. A crime was also registered as Crime No.139/2010 of Pariyaram Police Station. The petitioner through his driver filed an application before the second respondent-District Collector seeking for release of the vehicle. Ext.P5, is stated to be the copy of the receipt issued from the Collectorate, Kannur, on receiving the application. It is submitted that the said application has not been considered so far. 2. A Division Bench of this Court in Writ Appeal No.2578/2009 has prescribed certain guidelines with regard to the release of the vehicles that may be involved in such cases, which reads as follows:- i. The vehicle shall be released to the registered owner on his depositing half of the total value of the vehicle as may be assessed by the Assistant Executive Engineer W.P.(C). No.19149/2010 -:2:- (Mechanical), PWD as provided under Rule 4 of the Kerala Abkari (Disposal of Confiscated Articles) Rules, 1996 or the Assistant Motor Vehicles Inspector. ii. The registered owner shall execute a bond furnishing security for the balance amount to the satisfaction of the District Collector concerned. He shall further undertake to produce the vehicle as and when directed and also not to transfer/alienate the vehicle pending the proceedings. It shall also be undertaken by the registered owner that he will not cause any damage to the vehicle so as to reduce its value and utility. iii. If the vehicle gets involved in a similar offence after such release, it shall be liable to immediate seizure, in which event it shall not be released until finalisation of the proceedings.” 3. There will be a direction to the second respondent-District Collector to release the vehicle bearing registration No.KL-04-V-2361, to the petitioner on the above conditions within a period of two weeks. The same will be subject to final orders to be passed in the proceedings pending before the District Collector. The writ petition is allowed as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE