IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 WP(C).No. 32691 of 2010(J) -------------------------- PETITIONER(S): -------------------- SHAJIMON,AGED 31 YEARS,S/O.RAMANKUTTY, MELEPPARAMBIL HOUSE,P.O.MOOKANAD, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF REVENUE, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM-676505. 3. THE SUB INSPECTOR OF POLICE,KOLATHUR POLICE STATION,KOLATHUR.P.O,MALAPPURAM-679338. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 32691 OF 2010 (J) ===================== Dated this the 27th day of October, 2010 J U D G M E N T Petitioner is the registered owner of vehicle bearing Regn.No.KL-10-E/3888. Proceedings were initiated under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, which culminated in Ext.P1 order dated 17/3/2010 confiscating the vehicle and allowing him to redeem the vehicle by remittance of Rs.75,000 towards the value. This order was not complied with, and now that the petitioner seeks is a direction from this Court for paying the amount due under Ext.P1 by instalment and requiring the respondents to release the vehicle on payment of the first instalment. 2. In my view, neither under the Act nor elsewhere is there any enabling provision justifying the relief now sought for. Petitioner however refers to Ext.P2 judgment rendered by this Court in WP(C) No.26720/10. Athough I have gone through this judgment and it is a fact that an instalment facility has been granted in that case, a reading of the judgment shows that the learned Judge has not laid down any principle to be followed as a WPC No. 32691/10 :2 : precedent. In that view of the matter, I decline to follow Ext.P2 and decline the instalment facility as sought for by the petitioner. Writ petition is only to be rejected and I do so. ANTONY DOMINIC, JUDGE Rp