IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WA.No. 84 of 2011() ------------------- AGAINST THE JUDGEMENT IN WPC.20496/2010 Dated 01/07/2010 .................... APPELLANT/PETITIONER ------------------------ MOHAMMED ANAS, AGED 28 YEARS, S/O.YOOSAF, KUZHIKANDATHIL HOUSE, AYAMKALAM PO, MALAPPURAM DISTRICT, (RC.OWNER KL.41-B2748) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT/RESPONDENT ------------------------- THE DISTRICT COLLECTOR, MALAPPURAM COLLECTORATE, MALAPPURAM-676505. BY G.P. SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... Writ Appeal No.84 of 2011 .................................................................... Dated this the 1st day of February, 2011. JUDGMENT Ramachandran Nair, J. Appeal is filed against judgment of the learned Single Judge declining to interfere with Ext.P5 order issued by the District Collector directing release of the seized vehicle with load of sand on payment of Rs.5 lakhs which is the value fixed by the Joint R.T.O. Learned Single Judge held that valuation is done by a proper officer and in view of the statutory provision, the value has to be deposited by the appellant for release of the vehicle. Even though we do not find any ground to interfere with the reasoning of the learned Single Judge, what we notice is that the truck was seized on 22.1.2010 and for over an year it is exposed to sun and rain with a load of sand in the campus of a Government office. The petitioner of course came to this court only in 2010 and at the admission stage the W.P.(C) was dismissed. However, what is to be noticed is that the respondents allowed the vehicle to remain and get rusted, corroded and completely lost in value in the 2 course of one year. Even as of now respondents have not taken any step for sale of the vehicle to recover it's value. In the circumstances and in view of the obvious corrosion and reduction in value of the vehicle, we allow the Writ Appeal by modifying Ext.P5 order reducing the payment from Rs.5 lakhs to Rs.2.5 lakhs. If appellant does not make the payment and release the vehicle within one month from today, there will be direction to the District Collector to sell the vehicle through publication within the following one month. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms