IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 6015 of 2011(B) -------------------------------------- PETITIONER(S): ----------------------- JIFRY, S/O.SAID, KOOLAVEETTIL HOUSE, CHERNI, KARUVAMBARAM, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, TRIVANDRUM-695023. 2. THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD-678001. 3. THE SUB INSPECTOR OF POLICE, KASABA POLICE STATION, PALAKKAD-678 001. BY GOVT. PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.6015 OF 2011 -------------------------------- Dated this the 9th day of March 2011 JUDGMENT The petitioner is before this Court seeking for some indulgence to be made with regard to the payment of amount as per Ext.P1 passed by the second respondent, under the relevant provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and Rules. 2. The learned counsel for the petitioner submits that the petitioner does not intend to challenge the legality or otherwise of Ext.P1 order in any manner and that the only relief sought for before this Court is to permit the petitioner to clear the liability in instalments. Reference is also made to Ext.P2 certificate issued by the Medical Board as to the plight of the minor child of the petitioner showing the disability, which according to the petitioner has very much adversely affected the living conditions. 3. Heard the learned Govt. Pleader as well. 4. Going by the materials on record, the proceedings in respect of the seizure of the vehicle bearing No.KRZ-3117 belonging to the petitioner has became final on passing Ext.P1 order by the second respondent; whereby the petitioner has been directed to satisfy a sum of Rs.48,000/- as the 'compounding fee' under the Kerala Protection of River Banks and Regulation of W.P.(C) No.6015/2011 - 2 - Removal of Sand Act, 2001. Since the petitioner does not intend to challenge the order, this Court does not find it necessary to go into the merits or sustainability of the said order. 5. Considering the particular facts and circumstances, the petitioner is permitted to clear the liability by way of 'six' equal monthly instalments, the first of which shall be made on or before the 31st of this month and the rest, on or before the last working day of the succeeding months. Petitioner shall also furnish security for the balance amount either in the form of 'bank guarantee' or by way of immovable property. On satisfaction of the first instalment as above, simultaneously furnishing the security as aforesaid, the second respondent shall release the vehicle to the petitioner, on the petitioner's giving an undertaking to produce the vehicle if any default is committed. It is further made clear that, if the petitioner makes any default in satisfying the balance liability, the second respondent will be at liberty to proceed with further steps for getting the entire amount in a lump. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE vdv