IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WA.No. 491 of 2010() -------------------- AGAINST THE ORDER IN WPC.34982/2009 Dated 16/02/2010 .................... APPELLANTS/RESPONDENTS IN WPC: --------------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, KOLATHUR, MALAPPURAM. BY SR. G.P. SRI.BENJAMIN PAUL RESPONDENT/PETITIONER IN THE WPC: ------------------------------------- VIVEKANANDAN, S/O.MADHUSOODHANAN, CHENGOTTUR, KOTTAPURAM, PONMALA, TIRUR, MALAPPURAM. BY ADV. SRI.P.CHANDRASEKHAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. -------------------------------------------- W. A. No. No. 491 OF 2010 -------------------------------------------- Dated this the 17th day of March, 2010 JUDGMENT Ramachandran Nair, J. Writ Appeal is filed against interim order of the learned single Judge directing release of the vehicle on respondent furnishing Bank Guarantee for Rs. 25,000/-. Heard Goverment Pleader appearing for the appellants and counsel appearing for the respondent. After hearing both sides, we feel that interim order needs modification. Accordingly, W.A. is disposed of modifying the interim order as follows. The vehicle will be released to the respondent on respondent depositing Rs. 25,000/- which is to be adjusted towards fine or any other amount payable pursuant to adjudication. The vehicle will be released after unloading the sand, but with an endorsement in the RC book of the vehicle that vehicle is subject to adjudication in the case pending before the District Collector. Respondent will make payment and produce RC W.A. 491/2010 2 book for endorsement and vehicle will be released thereafter subject to adjudication by the District Collector and judgment in the WPC. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk