IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 19141 of 2011(P) -------------------------------------- PETITIONER: ------------------- YOUSAF.K.K, S/O.MUHAMMED,KAKKATTIL HOUSE, ALIPARAMBU,MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR. RESPONDENT: ---------------------- THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA,MALAPPURAM DISTRICT,PIN- 679 322. BY SR. GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011, ALONG WITH W.P.(C). NO.19482/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19141/2011-P: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE COMMUNICATION ISSUED BY THE RESPONDENT DTD. 10/03/2011 TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R. RAMACHANDRA MENON, J. ------------------------------------------------- WP (C) Nos. 19141, 19482, 19527, 19558 & 19585 of 2011 ------------------------------------------------- Dated this the 19th day of July, 2010 JUDGMENT The petitioners in all these cases have approached this Court with a similar grievance. 2. The vehicles belonging to the petitioners were seized in respect of the offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. Pursuant to further steps taken by the 1st respondent Competent authority, the proceedings have been finalized passing final orders whereby the vehicles have been ordered to be confiscated, however permitting the petitioners to redeem the vehicles on condition that the petitioners satisfy the market value of the vehicles as fixed by the concerned authority, to be paid to the River Management Fund. Learned counsel for the petitioners submits that the petitioners do not intend to challenge the orders passed by the revenue authority by filing any statutory revision petitions before the District Collector or otherwise and that the only prayer is to permit them to satisfy the liability by way of reasonable installments. 3. The learned Government Pleader, who appeared for the respondent vehemently opposed the prayer, stating that much WP (C) Nos. 19141, 19482, 19527, 19558 & 19585 of 2011 2 revenue is involved. However, taking note of the fact that the petitioners have the right to file statutory revision petitions, which right is stated as waived, while seeking time and also taking note of the fact that this Court has entertained similar writ petitions by granting such relief, this Court finds it fit and proper to extend similar benefit/relief in these cases as well. 4. In the above facts and circumstances, petitioners are directed to satisfy 50% of the liability in cash and furnish security for the balance amount, either in the form of a Bank Guarantee or by way of immovable property to the satisfaction of the respondent. On satisfying the said requirement, the vehicles shall be released to the concerned petitioners; subject to an undertaking to be given by the petitioners to produce the vehicles as and when necessitated and that they will keep the vehicles in good running condition and also that they will desist from alienating the vehicle or doing any act to reduce the market value. The balance amount as above shall be cleared by way of 'three' equal monthly installments; to be satisfied with effect from 1st of August ,2011. 5. It is made clear that, if any default is committed, it will be open for the respondent to proceed with further steps in WP (C) Nos. 19141, 19482, 19527, 19558 & 19585 of 2011 3 accordance with law. It is further made clear that, if the above vehicles get involved in similar subsequent offences, and if the vehicles are seized, the same shall not be released to the petitioners at all, till the proceedings are finally adjudicated. The writ petitions are disposed of, accordingly. P.R. RAMACHANDRA MENON, JUDGE. rkc