IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 23235 of 2010(D) ------------------------------------- PETITIONER(S): ------------------------ SAKEER HUSSAIN,AGED 26 YEARS, S/O.KUNHIMUHAMMED, MUNDAMMAL HOUSE, PO KOLATHUR, VIA ANGADIPURAM,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, TRIVANDRUM 695 001. 2. THE DISTRICT COLLECTOR, MALAPPURAM- 676 505. 3. THE SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION, KOLATHUR PO, MALAPPURAM 676 501. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 23235 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2010 J U D G M E N T By Ext.P2 order passed under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 & Rules, on a finding that the petitioner has used his vehicle for illegal transportation of river sand in violation of the Act and Rules, the petitioner was directed to pay an amount of Rs.1,30,000/- as value of the vehicle towards the River Management Fund. Petitioner has filed this writ petition seeking a direction to the respondents to pay off the amounts in installments. 2. I have heard the learned Government Pleader also, who opposes the prayer. Having heard both sides, I dispose of this writ petition with the following directions: The petitioner shall be permitted to pay the amount in six equal monthly installments starting from 02.08.2010. Every subsequent installment shall be paid on the first W.P.(C)No. 23235 of 2010 -2- working day of every succeeding month. On payment of the first installment on 02.08.2010, and on furnishing security to the satisfaction of the 2nd respondent for the balance, the vehicle shall be released to the petitioner. If the petitioner commits default in payment of any one installment it would be open to the District Collector to take all such steps as are necessary to recover the entire amounts in a lump sum, including seizure of the vehicle and selling the same or to enforce the security. Until the entire amount is paid off the petitioner shall not alienate or otherwise part with possession of the vehicle. Petitioner shall keep the vehicle in good working condition. Petitioner shall produce the vehicle as and when directed by the respondents. If the petitioner again commits similar violation, the vehicle shall be immediately seized and shall not be released until the final orders are passed. S. SIRI JAGAN JUDGE shg/