IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 27867 of 2009(C) -------------------------- PETITIONER(S): --------------- NISHAD.P.A., S/O. ABDUTTY, AGED 31 YEARS BUSINESS, PALLUPURATH HOUSE KOTHAPARAMBU.P.O., KODUNGALLUR, SREENARAYANAPURAM VILLAGE, KODUNGALLUR TALUK, THRISSUR (OWNER OF A MINI LORRY BEARING REGISTRATION NO.(KL-47-5928) BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE DIST. COLLECTOR, THRISSUR. 2. THE SUB INSPECTOR OF POLICE MATHILAKOM POLICE STATION. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.27867 of 2009-C ------------------------------ Dated this the 6th day of October, 2009. J U D G M E N T Heard Sri.P.M.Ziraj, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents . 2. The petitioner is the registered owner of a goods vehicle bearing registration No.KL-47-5928. The said vehicle was seized by the second respondent, on 6.8.2009, on the allegation that it was used to transport river sand without a valid pass and produced before the first respondent. The petitioner thereupon moved the District Collector, Thrissur, seeking interim custody of his vehicle. When that request was not granted, he filed W.P.(C) No.23242 of 2009 in this Court. By Ext.P2 judgment delivered on 14.8.2009, this Court directed the District Collector to pass orders regarding interim custody within three weeks from the date on which the petitioner produces a copy of the judgment. This Court also directed that final orders in the matter shall be passed within three months from such date. 3. The petitioner produced a certified copy of Ext.P2 judgment before the District Collector on 25.8.2009 and also submitted an application seeking interim custody of his vehicle. The District Collector W.P(C) No.27867 of 2009-C : 2 : thereafter heard the petitioner on 14.9.2009 and passed Ext.P3 order dated 14.9.2009 granting interim custody of the vehicle subject to terms and conditions. One of the conditions is that the petitioner should remit the sum of Rs.1,00,000/- in cash as security and also furnish two solvent sureties for the like sum. The said stipulation in Ext.P3 is under challenge in this writ petition. The petitioner contends that the direction to deposit the sum of Rs.1,00,000/- is an onerous condition and that the District Collector has acted arbitrary in directing him to deposit the sum of Rs.1,00,000/- as security. On these grounds the petitioner seeks a writ in the nature of mandamus commanding the District Collector to release the vehicle without insisting on deposit of money. 4. The learned Government Pleader appearing for the respondents submits that the District Collector has directed deposit of the sum of Rs.1,00,000/- in cash in view of the fact that the vehicle owners frequently dispose of vehicles after getting interim custody, thereby preventing confiscation of the vehicle. He submits that the other conditions in Ext.P3 have been stipulated in order to prevent illegal quarrying and transportation of sand. 5. I have considered the submissions made at the Bar by the learned counsel appearing on either side. I have also considered the pleadings and materials on record. On going through the writ petition W.P(C) No.27867 of 2009-C : 3 : and after hearing the submissions made at the Bar, I am of the opinion that that the insistence on cash deposit of Rs.1,00,000/- as security is not warranted. The District Collector ought to have in my opinion, directed the petitioner to remit a portion of the amount fixed as security in cash and to furnish bank security for the balance. Taking into account the age of the vehicle, I am of the opinion that the petitioner should be directed to pay Rs.50,000/- in cash and to furnish bank guarantee for the balance sum of Rs.50,000/-. I accordingly dispose of this writ petition with the direction that instead of remitting the sum of Rs.1,00,000/- in cash as security, the District Collector shall permit the petitioner to pay the sum of Rs.5,000/- in cash and to furnish bank guarantee for the balance sum of Rs.50,000/-. All the other stipulations in Ext.P3 including the direction that the petitioner should furnish two solvent sureties for the sum of Rs.1,00,000/- shall continue to operate. The District Collector shall pass final orders in the matter within the time limit stipulated by this Court in Ext.P2 judgment after affording the petitioner a reasonable opportunity to state his case and an opportunity of being heard in person. The Bank guarantee shall not be invoked till final orders are passed by the District Collector and for a period of one month thereafter in order to enable the W.P(C) No.27867 of 2009-C : 4 : petitioner to challenge the final order passed by the District Collector, if he is aggrieved thereby and seek interim orders in such proceedings. Sd/- P.N.RAVINDRAN Judge //True Copy// PA to Judge ab