IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 6680 of 2010(H) -------------------------------------- PETITIONER(S): ---------------------- AFSAL, S/O.ABDUL KAREEM, PERISSERIKODU, CHERUPPA, KOZHIKODE DISTRICT. BY ADV.MR.BABU S. NAIR RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE SUB INSPECTOR OF POLICE, MAVOOR POLICE STATION, KOZHIKODE DISTRICT. BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.6680/2010-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of March, 2010 J U D G M E N T The petitioner is the owner of a vehicle bearing Registration No.KL-11-W-6083. It was seized by the Sub Inspector of Police (second respondent herein) on 04/11/2009 alleging illegal transportation of river sand. According to the petitioner, the vehicle was carrying only quarry sand and not river sand. Subsequently, the matter was reported to the District Collector by the second respondent. 2. Seeking for a direction to the District Collector to release the vehicle by way of an interim custody, the petitioner filed W.P.(C).No.32167/2009 which was disposed of by Judgment dated 11/11/2009 directing the first respondent to take a decision within a period of seven days from the date of receipt of a copy of this Judgment. 3. Ext.P1 is the order thus passed by the first respondent wherein, as a condition for the release of the vehicle, the petitioner is directed to deposit an amount of Rs.one lakh. According to the petitioner, the same is an onerous condition. The learned Government Pleader submitted that the said condition has been imposed in the W.P.(C). No.6680/2010 -:2:- light of the directions issued by a Division Bench of this Court in W.A.No.2578/2009 dated 04/12/2009. 4. Various conditions provided in the Judgment of the Division Bench in W.A.No.2578/2009 dated 04/12/2009 are the following:- 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 (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. W.P.(C). No.6680/2010 -:3:- 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. 5. It is evident that the District Collector has relied upon the same for the purpose of imposing the particular condition herein, i.e., to deposit an amount of Rs.one lakh and to comply with certain other conditions also. In that view of the matter, Ext.P1 cannot be faulted and the writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms