IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 17344 of 2009(K) -------------------------- PETITIONER: --------------- SHAFEER, S/O. ISMAIL, AGED 25 YEARS, ERAMAGALATH HOUSE, KANDAMKULAM.P.O, PADANNA DESOM, METHALA VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT (OWNER OF A MINI LORRY BEARING REGISTRATION NO. KL-13-M-729) BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION. 3. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17344 of 2009(K) I N D E X PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DT.4.4.09. EXT.P2: TRUE COPY OF THE JUDGMENT OF THIS COURT DT.5.5.09 IN WP(C) NO.13231/09. EXT.P3: TRUE COPY OF THE ORDER DT.27.5.09 OF THE 1ST RESPONDENT. rtr/ true copy P.A to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 17344 OF 2009 -------------------------- Dated this the 14th day of December, 2009 J U D G M E N T The petitioner is the owner of a goods vehicle bearing registration No.KL-13-M-7289. The said vehicle was seized by the second respondent on the allegation that it was used to transport river sand without a valid pass. A report was submitted to the District Collector, Thrissur. The District Collector thereupon issued notice to the petitioner heard him and passed Ext.P3 order dated 27.5.2009 ordering confiscation of the vehicle. The District Collector however permitted the petitioner to avoid confiscation by remitting the sum of Rs.3,85,000/- in the river management fund. Ext.P3 is under challenge in this writ petition. 2. The petitioner had no case before the District Collector that the sand transported in his vehicle was covered by a valid pass. Even in this writ petition he has no such a case. In the statement filed by him before the District Collector he conceded in categorical terms that sand transported in his vehicle was not covered by a valid pass. Therefore, on the admitted facts, the order passed by the District Collector ordering confiscation of the petitioner’s vehicle cannot be said to be arbitrary or illegal. The District Collector got the value of the petitioner’s vehicle valued through the Sub Regional Transport Officer, Kodungallur, who W.P.(C) No. 17344/09 2 fixed the value of the vehicle at Rs.3,85,000. The petitioner’s vehicle is a 2005 model lorry. The petitioner has not produced any material to show that the value fixed by the Sub Regional Transport Officer, Kodungallur is exorbitant. The best evidence to prove the value of the vehicle on the date of purchase would have been the invoice issued by the dealer from whom the petitioner purchased the vehicle. In the absence of any such material it cannot be said that the value fixed by the District Collector for the petitioner’s vehicle is exorbitant. I accordingly hold that there is no merit in the writ petition. It is accordingly dismissed. However I direct that in the event of the petitioner remitting Rs.1,00,000/- on or before 15.1.2010 and furnishing bank guarantee for the balance amount, the vehicle shall be released to the petitioner. The petitioner shall pay the balance amount on or before 15.2.2010, failing which it will be open to the District Collector to invoke the bank guarantee. On the other hand, if the petitioner remits the full amount of Rs.3,85,000/- on or before 15.2.2010, the District Collector shall record satisfaction of Ext.P3 and return the bank guarantee to the petitioner. P.N.RAVINDRAN, JUDGE vps