IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 10983 of 2010(W) ---------------------------------------- PETITIONER(S): ------------------------ HAMZA, S/O.KUNHIMARAKKAR, MOLAKAPARAMBIL HOUSE, NO.6/542, PERUNDALLUR P.O., MALAPPURAM. BY ADVS.MR.C.V.MANUVILSAN MR.P.G.SURESH SMT.K.VIDYA MR.M.R.VIBIN RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, KALPAKANCHERY. 3. THRIPANGODU GRAMA PANCHAYATH, REP. BY ITS SECRETARY, MALAPPURAM DISTRICT. R1 & R2 BY GOVT. PLEADER MR.P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.10983 of 2010-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2010. JUDGMENT The petitioner is aggrieved by Ext.P2 order passed by the District Collector under Act 18 of 2001. The petitioner's vehicle was seized by the police on 22.2.2010 alleging illicit transportation of river sand. Earlier he had approached this Court by filing W.P.(C) No.6575/2010 which was disposed of by Ext.P1 judgment, directing the District Collector to take a decision on the application for interim custody, within seven days and to pass final orders within a period of two months. Ext.P2 is the consequential order passed by the District Collector. 2. Mainly it is contended that the valuation of the vehicle was not fixed before passing Ext.P2 order. It is also submitted that condition Nos.1 and 2 in Ext.P2 cannot be supported and it will affect the rights of the petitioner to carry on his avocation in life. 3. Evidently, it is clear from condition No.7 of Ext.P2 that valuation of the vehicle has not been fixed through the concerned department. In that view of the matter, Ext.P2 cannot be supported and the same is set aside. The District Collector will obtain the valuation certificate from the wpc10983 /2010 2 Regional Transport Officer or from any competent officer and pass a fresh order within a period of 10 days from the date of receipt of a copy of this judgment. A competent officer will assess the valuation and issue a certificate on a requisition issued by the District Collector. Condition Nos.1 and 2 in Ext.P2 also cannot be supported in the light of the fact that they will interfere with the right of the petitioner to carry on his avocation, since the stipulations therein are that the petitioner shall not carry sand with or without pass till the proceedings are finalized and that he shall not use the vehicle within the limits of Tirur Taluk. 4. In that view of the matter, Ext.P2 is quashed. The District Collector shall pass appropriate fresh orders within a period of 10 days from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/