IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WA.No. 499 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5679/2010 Dated 22/02/2010 .................... APPELLANT(S): PETITIONERS ------------------------- 1. JOHNY KUTTY, S/O.KOSHY, RESIDING AT JIJO BHAVAN, ADUTHALA P.O., KALLUVATHUKKAL, KOLLAM DISTRICT. 2. NAZEERATH, W/O.SHANOOD, NAREENCHILAYYATHU, KATTELIBHAGAM P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. 3. SAJITH.B., SAJITH BHAVAN, KOTHAPURAM, KARALI JUNCTION P.O., WEST KALLADA, KOLLAM DISTRICT. 4. RAJESH.G., S/O.GOPINATHAN PILLAI, PALLIYADIVEEDU, EAVAM, KAVAMLOD P.O., CHATHANNOOR, KOLLAM. 5. AJIKUMAR, S/O.VIJAYANPILLAI, VIJAYBHAVAN, NEDUNGOLAM P.O., PARAYUR, KOLLAM. 6. SUDHEER, NIYAS MANZIL, VILAYOORKONAM P.O., KALLUVATHUKKAL, KOLLAM. 7. RENJITH.T., T.S.R.BHAVAN, ULIYANADU, KARAMCODE P.O., CHATHANNOOR, KOLLAM. 8. PRASAD SEKHAR, MANALUMUKKIL THODIYILVEEDU, MEENADU, NEDUNGOLAM P.O., KOLLAM. 9. SHAJI.S., S/O.DIVAKARAN, UPPUPPADANNEL, VALIAPADAM, W.KALLADA, KUNNATHOR, KOLLAM. 10. SHAMEER, S/O.RASHEED, SHAMEER MANZIL, VENGA P.O., MAINAGAPPALLY, KOLLAM. BY ADV. SRI.SHABU SREEDHARAN SRI.C.K.PRASAD SRI.N.A.JOHN JACOB SRI.P.SANJAY SHENOI 2 RESPONDENT(S): RESPONDENTS -------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE SUPERINTENDENT OF POLICE, KOLLAM. 4. THE SUB INSPECTOR OF POLICE, KOLLAM. 5. THE SUB INSPECTOR OF POLICE, CHAVARA, KOLLAM. 6. THE SUB INSPECTOR OF POLICE, PARIPPILLY, KOLLAM. 7. THE SUB INSPECTOR OF POLICE THEKKUMBHAGOM, KOLLAM. 8. THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY, KOLLAM. 9. THE SUB INSPECTOR OF POLICE, SASTHAMCOTTA, KOLLAM. BY G.P. SRI. BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. -------------------------------------------- W. A. No. 499 OF 2010 -------------------------------------------- Dated this the 17th day of March, 2010 JUDGMENT Ramachandran Nair, J. Writ Appeal is filed against judgment of the learned single Judge directing the District Collector to pass orders on the appellants' applications for release of vehicles seized with sand. We have in similar case directed release of the vehicle on payment of Rs. 25,000/- per load of sand with further condition that sand should be unloaded in the Collectorate or any other place by the Government authorities and release the vehicle after making payment and after making endorsement in the RC book of the vehicle. Following the said judgment, we allow the Writ Appeal by vacating the judgment of the learned single Judge and with direction to the District Collector to release the vehicles of the appellants after unloading the sand on appellants remitting Rs. 25,000/- each for each vehicle seized with sand and make endorsement in the RC book of the vehicles that release is subject to adjudication by the District Collector. Endorsement will be modified or removed subject WA 499/2010 2 to orders in adjudication. However, if any vehicle detained in this case is involved in any repeated offence, instead of Rs. 25,000/-, 50% of the value of the vehicle assessed by the RTO should be paid by such appellant as against Rs. 25,000/- directed above. Appellants will deposit the amount and produce RC book for endorsement as stated above. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk WA 499/2010 3