IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WA.No. 2580 of 2009 -------------------------------- AGAINST THE ORDER IN WPC.19713/2009 Dated 05/11/2009 .................... APPELLANTS/RESPONDENTS IN THE WPC ------------------------------------------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, PONNANI TALUK. 3. THE SUB INSPECTOR OF POLICE, PERIMPADAPPU. 4. THE STATE OF KERALA REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEARTMENT, SECRETARIAT, THIRUVANANTHAPURAM BY ADDL.ADVOCATE GENERAL SRI.RANJITH THAMPAN RESPONDENT/PETITIONER: --------------------------------------- SAKEER.C. AGED 25 YEARS, S/O. KHADER CHOLAKKATODIYIL HOUSE, EASWARYERA MANGALAM.P.O. PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV.SRI.NOUSHAD THOTTATHIL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2580 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of December, 2009 JUDGMENT Basheer, J. This appeal, which is at the instance of the State is directed against an interim order passed by a learned Single Judge in W.P.(C) No. 19713 OF 2009. 2. By the impugned order the learned Single Judge has directed the appellants to release respondent's vehicle to him without insisting for cash deposit or furnishing any security. But it was made clear that the District Collector may impose other conditions. 3. Sri.Ranjith Thampan, learned Additional Advocate General submits that the learned Single Judge ought to have imposed some stringent conditions while ordering release of the vehicle which was involved in illegal transportation of sand. According to him, stringent conditions are necessary to prevent recurrence of such violations, especially since degradation of bio-diversity is involved. He invites our attention to the judgments of the Apex Court in this regard. WA No.2580 of 2009 -:2:- 4. Having heard learned Additional Advocate General and learned counsel for the respondent we are of the view that, the interim order passed by the learned Single Judge can be modified to some extent. 5. It is brought to our notice that the vehicle has been valued at Rs.1,00,000/- and the respondent has deposited a sum of Rs.25,000/- before the District Collector way back in March 2009, as a condition for interim custody as directed by the said authority. However, the vehicle was not released for nearly three months. Ultimately, the District Collector passed a final order confiscating the vehicle. It was at that stage the present Writ Petition was filed by the respondent. The learned Single Judge, after considering the entire aspects of the matter, has passed the impugned order indicated above. 6. Having regard to the peculiar facts and circumstances of the case we are of the view that, the interim order passed by the learned Single Judge may be modified slightly. Therefore, it is directed that the respondent's vehicle, bearing registration No.KL 13 A 1114, shall be released to him on his depositing a sum of Rs.25,000/-(Rupees twenty five thousand only) in addition to the WA No.2580 of 2009 -:3:- amount of Rs.25,000/- which is already in deposit and also on executing a bond for a sum of Rs.50,000/- with two solvent sureties in the like sum undertaking to produce the vehicle as and when directed. The sureties shall produce current basic tax receipt in respect of the immovable property belonging to them. 7. Having regard to the fact that large number of cases involving illegal transportation of sand in violation of the provisions contained in Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001, we are of the view that following guidelines/directions have to be issued with regard to the release of vehicles that may be involved in such cases. i. The vehicle shall be released to the registered owner on his depositing half of the total value of the vehicle as may be assessed by the Assistant Executive Engineer(Mechanical), PWD as provided under Rule 4 of the Kerala Abkari(Disposal of Confiscated Articles) Rules, 1996 or the Assistant Motor Vehicles Inspector. ii. The registered owner shall execute a bond furnishing security for the balance amount to the satisfaction of the District Collector concerned. He shall WA No.2580 of 2009 -:4:- further undertake to produce the vehicle as and when directed and also not to transfer/alienate the vehicle pending the proceedings. It shall also be undertaken by the registered owner that he will not cause any damage to the vehicle so as to reduce its value and utility. iii. If the vehicle gets involved in a similar offence after such release, it shall be liable to immediate seizure, in which event it shall not be released until finalisation of the proceedings. 8. We make it clear that the above guidelines/directions are not exhaustive. They are only intended to ensure that adequate measures are taken to prevent recurrence of such offences under the Act. The Writ Appeal is disposed of as above. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No.2580 of 2009 -:5:-