IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 4489 of 2010(I) ------------------------- PETITIONER(S): --------------- UMMAR K., S/O.KUNJAHAMMED, AGED 45 YEARS, KATTIKULANGARA-HOUSE, CHATTIPARAMBA P.O., KOLATHUR VIA., MALAPPURAM DISTRICT. (R.C.OWNER AND POSSESSOR OF KL-1O-AC-437). BY ADV. SRI.SHOBY K.FRANCIS SMT.K.P.SHAMEENA RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 2. SUB-INSPECTOR OF POLICE, VALANCHERY POLICE STATION, MALAPPURAM DISTRICT. GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4489/2010-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of February, 2010 J U D G M E N T The petitioner is the registered owner of mini lorry bearing Registration No.KL-10-AC-437. It was seized for illegal transportation of river sand on 06/01/2010 by the Sub Inspector of Police, Valanchery. The grievance raised in the writ petition is against Ext.P3 wherein interim custody has been ordered by the District Collector, Malappuram directing to deposit an amount of Rs.3 lakhs by way of a demand draft. It is the case of the petitioner that the valuation of the vehicle has not been ascertained before passing the order. This is clear from paragraph (7) of Ext.P3 itself. Petitioner is also relying upon the decision of a Division Bench of this Court in W.A.No.2578/2009 dated 04/12/2009 [District Collector, Malappuram v. Abdul Kasim [ 2010 (1) KLT SN.31 (C.No.38)]. 2. Therefore, Ext.P3 is set aside. Fresh orders will be passed after getting valuation within a period of one week from the date of production of a copy of this Judgment and after considering various aspects, in accordance with law. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms