IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 22320 of 2010(L) -------------------------- PETITIONER(S): --------------- 1. SHERIF.A., AGED 37 YEARS, S/O.ABDUL KARIM, PALLI PADINJATTETHIL, KUMMANNOOR, P.O.KONNI, PATHANAMTHITTA DISTRICT. 2. R.RADHAKRISHNAN, AGED 44 YEARS, S/O.RAMACHANDRAN NAIR, LAKSHMI SADANAM, MANGARAM, KONNI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): RESPONDENTS -------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVT. OF KERALA, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, CIVIL STATION, PATHANAMTHITTA. 3. THE DEPUTY COLLECTOR (L & R), COLLECTORATE, PATHANAMTHITTA. 4. THE REVENUE DIVISIONAL OFFICER, ADOOR. 5. THE SENIOR GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, ADOOR. 6. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF MINES, GOVT. OF INDIA, 3RD FLOOR, A WING, SHASTRI BHAVAN, NEW DELHI-1. ADV. SRI.S.JAMAL, CGC FOR R6 GOVT. PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.22320 of 2010 ================== Dated this the 13th day of August, 2010 J U D G M E N T The petitioners challenge Ext.P7 order passed by the District Collector under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, by which, the petitioners have been directed to pay Rs.2,02,500/- and Rs.2,01,000/- as value of their vehicles towards river management fund for illegal transportation of river sand. The petitioners challenge the constitutional validity of the provisions of Act. But the learned counsel for the petitioners confines the petitioners' prayer for a direction to the respondents to permit the petitioners to pay off the amounts in instalments. 2. I have heard the learned Government Pleader also. 3. Having heard both sides, I dispose of this writ petition with the following directions: The petitioners shall pay the amounts covered by Ext.P7 in five equal monthly instalments starting from 1.9.2010. On payment of the first instalment and producing security to the satisfaction of the District Collector for payment of the balance, the seized vehicles shall be released to the petitioners. The petitioners shall not alienate or otherwise part with possession of the vehicles until the entire amounts are paid off. The petitioners shall keep the vehicles in good working w.p.c.22320/10 2 condition and shall produce the same before the District Collector as and when directed to do so. If the petitioners commit default in payment of any instalment or to furnish security to the satisfaction of the District Collector, it would be open to the respondents to realise the amounts by all legal means available to them. If the said vehicles are again seized for similar violations, the same shall not be released except in accordance with the final orders to be passed pursuant to the seizure. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge