IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 WP(C).No. 21198 of 2010(Y) -------------------------- PETITIONER(S): --------------- HASHIM.M.J, AGED 40 YEARS, S/O.ISMAYIL, NELLIMALAPUTHUPARAMBIL HOUSE, PALAMBRA P.O, PATTIMATTOM, KANJIRAPPILLY, KOTTAYAM DISTRICT. BY ADV. MR.RAJIT MR.V.V.JOY RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, KOTTAYAM. 2. THE SUB INSPECTOR OF POLICE, MUNDAKKAYAM POLICE STATION, MUNDAKKAYAM. ADV. MR. P. NARAYANAN – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.21198 OF 2010 ------------------------------- Dated this the 8th day of July, 2010 J U D G M E N T The petitioner challenges Ext.P2 order passed by the District Collector, Kottayam under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. By that order, on a finding that the petitioner was transporting river sand illegally in the vehicle concerned, the petitioner was directed to pay an amount of Rs.95,000/- as value of the vehicle towards River Management Fund. Although the petitioner challenges Ext.P2 order on merits, he would be satisfied with a direction to the District Collector to permit the petitioner to pay the amount in instalments. 2. Having heard both sides, I dispose of this writ petition with the following directions: The first respondent shall permit the petitioner to pay the amount in four equal monthly instalments starting from 15.7.2010. Every subsequent instalment shall be paid on the W.P.(c)No.21198/10 2 first working day after the 14th of every succeeding month. If the petitioner produces bank guarantee for the balance amount due after paying the first instalment, the vehicle shall be released to the petitioner. The petitioner shall not alienate or otherwise part with possession of the vehicle till the entire amount is paid. He shall also keep the vehicle in good condition. If the vehicle is used for illegal transportation of sand again, the District Collector shall immediately seize the same and shall not release the same until the entire proceedings in respect thereof are over. If the petitioner defaults in payment of any of the instalments, it would be open to the District Collector to encash the bank guarantee. S. SIRI JAGAN, JUDGE acd W.P.(c)No.21198/10 3 W.P.(c)No.21198/10 4