IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 26361 of 2011(U) -------------------------- PETITIONER: --------------- MANIKANDAN, S/O. VENU @ GOPALAN, H. NO.2/204, MAMBRA HOUSE, EASWARAMANGALAM (PO) EZHUVANTHIRUTHY, MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO REVENUE DEPARTMENT, THIRUVANANTHAPURAM 695 001. 2. THE DISTRICT COLLECTOR, MALAPPURAM, MALAPPURAM DISTRICT, KERALA. 3. THE REVENUE DIVISIONAL OFFICER, TIRUR, PIN - 676 101 MALAPPURAM DISTRICT. BY SR. GOVERNMENT PLEADER ADV. MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26361 of 2011(U) APPENDIX PETITIONER'S EXHIBITS EXT.P1 : A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE KL.07/AR/4339 DATED 20.03.2004. EXT.P2 : A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 03.11.2010. EXT.P3 : A TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 24.11.2010. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C)No. 26361 OF 2011 ......................................................................... Dated this the 4th October, 2011 J U D G M E N T The vehicle bearing No. KL.07.AR/4339 owned by the petitioner was seized in respect of the offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The proceedings were finalised by the third respondent by passing Ext.P3 order whereby the petitioner was permitted to redeem the vehicle on satisfaction of a sum of Rs.1,30,000/- (Rupees one lakh thirty thousand only) payable to the River Management Fund. The case of the petitioner is that the petitioner does not intend to challenge the said order and that the petitioner might be permitted to clear the liability imposed as per Ext. P3 in a phased manner by granting the benefit of installment. 2. Heard the learned Government Pleader as well. W.P.(C)No. 26361 OF 2011 2 3. After hearing both the sides and also considering the limited nature of the relief sought for, this Court finds that the petitioner can be permitted to clear the liability by way of reasonable installments, of course, safeguarding the interest of the Revenue, by directing the petitioner to furnish security in respect of the amount liable to be satisfied. 4. In the said circumstance, the petitioner is directed to clear the liability as per Ext. P3, by way of four equal monthly installments; the first of which shall be cleared on or before 20.10.2011 and furnish security for the balance amount in the form of immovable property to the satisfaction of the respondents. The petitioner shall also give an undertaking to the effect that he will not alienate the vehicle or pursue any act reducing the value of the same. On satisfaction of 50% of the liability as aforesaid, the custody of the vehicle shall be released to the petitioner. If the vehicle is later found involved in similar offence, it will be open for the respondents to seize the vehicle on such event and it shall not be released to the petitioner under W.P.(C)No. 26361 OF 2011 3 any circumstance. . The writ petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk