IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 WP(C).No. 37405 of 2010(A) --------------------------------- PETITIONER(S): ------------------- SUDHEER, SUDHEER MANZIL, VEEYAPURAM, HARIPAD. BY ADVS. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): -------------------- 1. DISTRICT COLLECTOR, PATHANAMTHITTA – 689 412. 2. SUB INSPECTOR OF POLICE, PULIKEEZHU POLICE STATION – 689 461. 3. THE SUB COLLECTOR, THIRUVALLA – 689 414. R1 TO R3 BY GOVT.PLEADER SRI.P.N.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ ANTONY DOMINIC, J. ================ W.P.(C) NO. 37405 OF 2010 ===================== Dated this the 15th day of December, 2010 J U D G M E N T Petitioner is the registered owner of a tipper lorry bearing Regn.No.KL-13 L 7647. On the allegation that the vehicle was used for the unauthorised transportation of river sand, the Sub Inspector of Police seized the vehicle on 29/4/2010. Proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 were initiated and finally the 3rd respondent has based Ext.P7 order. A reading of this order shows that the petitioner produced pass and bill book, which proved that the transportation was legitimate. Despite accepting the case of the petitioner as above, in Ext.P7, the 3rd respondent has ordered release of the vehicle on the petitioner undertaking that the vehicle will not be used for illegitimate transportation of river sand. Though this condition is unobjectionable, still he has further required the petitioner to furnish a bond for Rs.50,000 and sureties also. 2. In my view, these two conditions are totally unacceptable so long as the petitioner has not been found guilty WPC No. 37405/10 :2 : of any violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Therefore, the writ petition will stand disposed of quashing Ext.P7 to the extent it requires the petitioner to furnish a bond and a surety as mentioned therein. It is directed that on the production of a copy of this judgment, the vehicle will be released to the petitioner without insisting on the above conditions. ANTONY DOMINIC, JUDGE Rp