IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WA.No. 924 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.5831/2009 Dated 05/03/2009 .................... APPELLANT/PETITIONER ------------------------ ABDUL GAFOOR,S/O.MUHAMMED, AGED 30 YEARS,VENGASSERY VALIYIDAM HOUSE, KARUMARAKKAD, MUNDUMUZHI,VAZHAKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT/RESPONDENT ------------------------- THE DISTRICT COLLECTOR, KOZHIKKODE. BY G.P. SRI.K.P.PRADEEP THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.924 of 2009 .................................................................... Dated this the 3rd day of June, 2011. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Government Pleader for the respondent. The appeal is filed against judgment of the learned Single Judge declining to accept appellant's case that the river sand transported was accompanied by Pass and the same was in fact taken away by the authority seizing the vehicle. Even though counsel for the appellant contended that Pass was available in the vehicle and at the time of seizure of the vehicle it was taken away by the authority seizing the vehicle, there is no material to prove the same. A Division Bench of this court granted interim orders releasing the vehicle on payment of Rs.75,000/- towards part of the value and on appellant executing bond for balance Rs.1.25 lakhs. It is seen that the vehicle was valued soon after seizure and it was ordered to be confiscated on 13.10.2008. However, vehicle was in the custody of the department for seven months before release under interim orders issued by the Division Bench. When the vehicle was not released within a reasonable time, 2 respondent could have sold the same and recovered it's value which was not done. Considering the erosion of the vehicle and reduction in value in the course of seven months in Government custody before release, we feel appellant can be granted some reduction in value, which again would be subject to the condition that balance of the refixed amount will be paid within two months from today. We, therefore, allow the Writ Appeal in part by modifying the judgment of the learned Single Judge and the impugned adjudication by the District Collector by refixing the value at Rs.1.5 lakhs as against Rs.2 lakhs fixed by the Collector. The appellant is directed to pay balance Rs.75,000/- within two months from today, failing which the relief granted by us will stand automatically vacated and the respondent will be free to recover the full amount of Rs.1,25,000/-. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms