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 14TH JUNE 2011 / 24TH JYAISHTA 1933 WA.No. 544 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.7135/2011 Dated 08/03/2011 .................... APPELLANT(S): PETITIONER ------------------------ MUKUNDA MENON, S/O.LATE MADHAVAN NAIR, AGED 61 YEARS, MANJULA NIVAS, DESHAMANGALAM P.O., THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S): RESPONDENTS -------------------------- 1. THE DISTRICT COLLECTOR, THRISSUR DISTRICT-680003. 2. THE SUB DIVISIONAL MAGISTRATE, THRISSUR-680 001. 3. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001. BY MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.NO.544/2011 APPENDIX APPELLANT'S EXHIBITS ANNEXURE 1 : COPY OF RECEIPT NO.71 OF BOOK NO.658 DATED 12/05/2011 OF THE OFFICE OF THE JFCM, WADAKKANCHERY. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A. No.544 of 2011 --------------------------------- Dated, this the 14th day of June, 2011 J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed against the judgment of the learned Single Judge upholding the impugned order of the District Collector directing release of the vehicle used to transport sand without permit on the appellant remitting its value fixed on the recommendation of the Motor Vehicles Inspector, which is Rs.3.40 lakhs. 2. We have heard learned counsel for the appellant and learned Government Pleader for the respondents. 3. It is seen that the vehicle was seized on 04/03/2010 and its value was originally fixed under orders of the District Collector at Rs.1.25 lakhs. When the appellant challenged fixation of the value as excessive, this Court remanded the matter. The District Collector got report from the Motor Vehicle Inspector based on which value of the vehicle is refixed at Rs.3.40 lakhs, which is more than double the value W.A.No.544/2011 -2- originally fixed. When the fixation of the value by the District Collector was questioned before the learned Single Judge, the learned Single Judge upheld the same because the same was based on the report of the Motor Vehicle Inspector. 4. After hearing both sides what we find is that the value fixed is with reference to the original value and model of the vehicle, which is said to be 1999 model. The tipper was seized and confiscated on 04/03/2010 and it is still in Government custody. In the course of the last 1 year and 3 months, the vehicle was exposed to two monsoons. Anybody can imagine the condition of a vehicle lying unattended and unserviced in the open air exposed to sun and rain. In our view, in the course of time erosion will be such that the value of the vehicle would have been reduced substantially. If the appellant has not come forward to release the vehicle, it was open to the respondents to take steps for sale of the vehicle, which is also not done. Valuation always will depend on the actual condition of the vehicle and not the model. In view of the fact that the vehicle is in the custody of the Government W.A.No.544/2011 -3- and the vehicle remains exposed for over one year and 3 months in Government yard and since the value originally fixed was only Rs.1.25 lakhs, we feel the valuation later made at Rs.3.40 lakhs is excessive particularly when the vehicle is a 1999 model. Therefore, taking a lenient view in the matter, we feel, the appellant can be given an opportunity to release the vehicle on payment of Rs.1,00,000/- (Rupees one lakh only) within one month from now. There will be a direction to that effect. If payment is made as above, the vehicle will be released to the appellant. However, if payment is not made within one month from today, there will be a direction to the District Collector to sell the vehicle in public auction immediately after expiry of one month and deposit the sale proceeds in the Treasury. This Writ Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg