IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 WA.No. 167 of 2011 ---------------------- AGAINST THE JUDGEMENT IN WPC.32691/2010 Dated 27/10/2010 .................... APPELLANT/PETITIONER --------------------------- SHAJIMON, AGED 31 YEARS, S/O. RAMANKUTTY, MELEPARAMBIL HOUSE, P.O. MOOKANAND, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS: ----------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, TRIVANDRUM-695023. 2. THE DISTRICT COLLECTOR, MALAPPURAM, PIN-676505. 3. THE SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION, KOLATHUR.P.O., MALAPPURAM-679338. BY SR.GOVERNMENT PLEADER SRI.BENNY GERVACISz THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.A. No.167 of 2011 ------------------------------------------ Dated this the 9th day of February, 2011 JUDGMENT Ramachandra Menon, J. The unsuccessful writ petitioner is before this Court, as aggrieved by the dismissal of the writ petition denying the benefit of instalments to satisfy the liability covered by Ext.P1 order passed by the second respondent. 2. The case of the appellant/petitioner is that he is the owner of a mini lorry bearing Registration No.KL-10 E/3888 which was intercepted and seized by the third respondent on 28.12.2009 alleging offences involving illegal transportation of river sand which culminated in Ext.P1 order; whereby the appellant was permitted to take release of the vehicle subject to the satisfaction of a sum of `75000/- towards the value of the vehicle, lest it should be confiscated and subject to the further proceedings as contemplated under the relevant provisions of law. The writ petitioner approached this Court seeking to permit him to satisfy the amount covered by Ext.P1 in 12 equal monthly instalments. Reliance was also placed on Ext.P2 judgment passed by a learned Single Judge of this Court in W.P.(C) No26720 of 2010; whereby a similar prayer was entertained providing 'five' equal monthly instalments; subject to the various conditions stipulated in the W.A.No.167 of 2011 - 2 - judgment with regard to the satisfaction of the balance amount. The petitioner sought for the same relief; which however was declined by the learned Single Judge and this made him to prefer the writ appeal. 3. Heard learned Senior Government Pleader appearing on behalf of the respondents as well. 4. Considering the particular facts and circumstances of the case as narrated in the proceedings and also taking note of the submissions made by the learned counsel for the appellant, this Court finds it fit and proper to permit the appellant to clear the liability by way of 'five' equal monthly instalments, the first of which shall be paid within one week from today and furnish security for the balance amount either by way of bank guarantee or by way of immovable property. The appellant shall not alienate or otherwise part with the possession of the vehicle until the entire amount is paid off and shall maintain the vehicle in good working condition. The appellant shall also produce the vehicle as and when directed by the concerned authorities. On satisfaction of the first instalment as above and on furnishing security for the balance amount, the vehicle shall be released to the appellant. However, it is made clear that if any one of the instalments is defaulted by the appellant, it will be open to the concerned respondent to recover possession of the vehicle as well as to proceed against the property concerned or the bank guarantee for realisation of the balance amount and to take further steps. If the vehicle is seized again for any similar offence it W.A.No.167 of 2011 - 3 - shall never be released under any circumstance and appropriate steps shall be pursued in accordance with the relevant provisions of law including the prosecution proceedings. Writ appeal is disposed of as above. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns