IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 20822 of 2011(C) -------------------------- PETITIONER: --------------- SUNIL KUMAR K.V., S/O.VELAYUDHAN, AGED 37 YEARS, KUNDOORATH VALAPPIL HOUSE, MANGATTOOR, PERUMPARAMBU P.O., KALADY VILLAGE, MALAPPURAM DISTRICT. (RC OWNER OF KL-11-C-2228). BY ADV. MR. SHOBY K.FRANCIS RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM-676505. 2. THE SUB DIVISIONAL MAGISTRATE/RDO, OFFICE OF RDO, TIRUR, TIRUR P.O., MALAPPURAM-676101. 3. SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, CHANGARAMKULAM, MALAPPURAM DISTRICT-676505. BY GOVERNMENT PLEADER MS. M.J. RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 20822 OF 2011 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT IN M - 5088/29/2010 DATED 21.01.2011 RECEIVED ON 22.02.2011 EXT. P2 : TRUE COPY OF THE ORDER DATED 16.07.2011 IN NO. DM6/22696/2011 PASSED BY THE 1ST RESPONDENT. /TREU COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 20822 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 29th July , 2011 JUDGMENT The vehicle bearing No. KL 11 C 2228 belonging to the petitioner was seized by the 3rd respondent on 05.03.2010, alleging involvement of offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The proceedings were finalized by passing Ext. P1 order by the second respondent, which in turn was subjected to challenge by filing a revision petition before the first respondent, who finalized the same by passing Ext. P2 order dated 16.07.2011. 2. The learned counsel for the petitioner submits that, the petitioner does not propose to challenge the said order either by availing the statutory remedy or by invoking the discretionary jurisdiction of this Court available under Article 226 of the Constitution of India and that the only relief sought for is to grant some installments so as to enable the petitioner to wipe off the liability in a phased manner. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, the petitioner is permitted to clear the liability vide Ext. P1, in the following terms: W.P. (C) No. 20822 of 2011 : 2 : a. Petitioner is directed to remit 50 % of the amount covered by Ext. P1 forthwith and to furnish security either in the form of 'bank guarantee' or by way of 'immovable property' to the satisfaction of the 2nd respondent; on which event, the vehicle shall be released to the petitioner forthwith. b. The petitioner shall also give an undertaking that he will produce the vehicle as and when directed and that he will not alienate or transfer the vehicle, nor will be do anything so as to demolish the value of the vehicle. c. The balance amount shall be cleared by way of 'three' equal monthly installments, commencing from 30th of August, 2011 followed by similar installments to be effected on or before the 30th of the succeeding months. d. If any default is committed in clearing the liability as above, the respondents are at liberty to proceed against the petitioner in accordance with law. e. It is made clear that, if the vehicle gets involved in similar offence in future, the vehicle, if seized accordingly, shall not be released to the petitioner till the proceedings are finalized in respect of such cause of action. The Writ Petition is disposed of. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd