IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 19079 of 2010(H) -------------------------- PETITIONER(S): ------------------- JABIR, S/O.ABDU RAHIMAN, AGED 22 YEARS, 281, KUNNUMMAL, 10, KOOTHUPARAMBA, URANGATTIRI, MALAPPURAM. BY ADV. MR.P.M.HABEEB RESPONDENT(S): ------------------- 1. DISTRICT COLLECTOR, KOZHIKODE. 2. SUB INSPECTOR OF POLICE, AREECODE POLICE STATION. ADV.MR. P.N.SANTHOSH – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.19079 OF 2010 ------------------------------- Dated this the 23rd day of JUNE, 2010 J U D G M E N T The petitioner is challenging Ext.P1 order passed by the District Collector, Malappuram, under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. By that order, on a finding that the petitioner is guilty of transporting river sand illegally in violation of the Act and Rules, the petitioner has been directed to pay an amount of Rs.1,27,000/- as value of the vehicle towards River Management Fund. The petitioner does not challenge the findings regarding the illegality of the transport. His only contention is that the value of the vehicle fixed is exorbitant and does not represent the market value of the vehicle. I find from Ext.P1 that the value has been fixed by the Malappuram Regional Transport Officer, who is a competent officer to value the vehicle. The petitioner has not produced before me any material to show that, that valuation is in any way exorbitant or excessive. Therefore, I am not inclined to W.P.(c)No.19079/10 2 entertain the challenge against the valuation also. The learned counsel for the petitioner seeks permission to pay off the amounts in instalments and a direction to release the vehicle immediately. 2. I have heard the learned Government Pleader also on this point, who opposes the same. Taking a lenient view, I direct the respondents to permit the petitioner to pay off the amount in four equal monthly instalments starting from 1.7.2010. Every subsequent instalment shall be paid first working day of every succeeding month. On payment of the first instalment and on furnishing bank guarantee for the balance amount, the vehicle shall be released to the petitioner. The petitioner shall not alienate or part with possession of the vehicle until the entire amount is paid off. He shall also keep the vehicle in good working condition. He shall produce the same before the first respondent as and when directed. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(c)No.19079/10 3 W.P.(c)No.19079/10 4