IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 14637 of 2010(D) --------------------------------------- PETITIONER: ------------------- RAJU, AGED 39 YEARS, S/O. NATARAJAN, AMMANCHERRY HOUSE, KURUMBANTHURUTHU KARA, GOTHURUTHU.P.O., CHENNAMANGALAM VILLAGE, NORTH PARAVUR TALUK, ERNAKULAM DISTRICT. BY ADVS. SRI.M.G.KARTHIKEYAN, SRI.NIREESH MATHEW. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VADAKKEKARA POLICE STATION, ERNAKULAM DISTRICT. R1 & R2 BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 14637 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of May, 2010 J U D G M E N T The petitioner's vehicle has been seized on allegation of illegal transport of river sand. Petitioner's grievance in this writ petition is that final orders have not yet been passed and the petitioner has not been given interim custody also. 2. I have heard the learned Government Pleader also. A Division Bench of this court in District Collector, Malappuram v. Abdul Kasim 2010 (1) KLT SN 31 (C.No.38) laid down the principles for giving interim custody of vehicles seized on allegations of illegal transportation of river sand, which reads as follows: “Having regard to the fact that large number of cases involving illegal transportation of sand in violation of the provisions contained in Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001, we are of the view that following guidelines/directions have to be issued with regard to the release of the vehicles that may be involved in such cases. The vehicle shall be released to the to the registered owner on his depositing half of the total value of the vehicle as may be assessed by the Assistant Executive Engineer (Mechanical), PWD as provided under Rule 4 of the Kerala W.P.(C)No. 14637 of 2010 -2- Abkari (Disposal of Confiscated Articles) Rules, 1996 or the Assistant Motor Vehicles Inspector. The registered owner shall execute a bond furnishing security for the balance amount to the satisfaction of the District Collector concerned, He shall further undertake to produce the vehicle as and when directed and also not to transfer/alienate the vehicle pending the proceedings. It shall also be undertaken by the registered owner that he will not cause any damage to the vehicle so as to reduce its value and utility. If the vehicle gets involved in a similar offence after such release, it shall be liable to immediate seizure, in which event it shall not be released until finalisation of the proceedings.” 3. In the facts and circumstances of the case, I am of opinion that the petitioner is entitled to the benefit of the said decision. Accordingly the writ petition is disposed of with the following directions: The District Collector shall get the vehicle valued by the Assistant Executive Engineer (Mechanical), PWD or the Assistant Motor Vehicle Inspector, within one week from the date of receipt of a copy of this judgment. Within another week therefrom the vehicle shall be released to the petitioner on the petitioner depositing 50% of the value so ascertained and executing a bond furnishing security for the balance amount to the satisfaction W.P.(C)No. 14637 of 2010 -3- of the District Collector. The petitioner shall further undertake to produce the vehicle and also not to transfer/alienate the vehicle pending final orders. The registered owner shall also undertake that he will not cause any damage to the vehicle so as to reduce its value and utility. If the vehicle gets involved in a similar offence after such release, it shall be liable to immediate seizure, in which event it shall not be released until finalisation of the proceedings. S. SIRI JAGAN JUDGE shg/