IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WA.No. 2513 of 2009 --------------------- AGAINST THE ORDER IN WPC.25763/2009 Dated 23/10/2009 .................... APPELLANTS/RESPONDENTS IN WPC: ----------------------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, ERNAD TALUK, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER, SRI.T.B. HOOD RESPONDENT/PETITIONER: ----------------------------- SHIHABUDHEEN, S/O. BEERAN, MANNILTHODI HOUSE, MYTHRA, AREACODE, MALAPPURAM DISTRICT. BY ADV. SRI. BABU S. NAIR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2513 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November, 2009 JUDGMENT Basheer, J. This appeal which is at the instance of the State is directed against the interim order passed by a learned Single Judge in WP(C) No.25763 of 2009. 2. By the impugned order the learned Single Judge has directed the appellants to release respondent's vehicle on his depositing a sum of Rs.50,000/- before the District Collector and executing a bond undertaking to pay the balance amount of Rs.1,40,000/- if ultimately the Writ Petition is dismissed. 2. Sri.Hood, learned Government Pleader who appears for the appellants submits that the learned Single Judge ought to have directed the respondent to furnish bank guarantee for the balance sum of Rs.1,40,000/-. According to him, the direction now issued by the learned Single Judge will not be sufficient or effective to prevent degradation of the environment as has been noticed by the Apex Court in WA No.2513 of 2009 -:2:- several judgments and that in such cases strict conditions at least to the extent of asking the vehicle owner to furnish bank guarantee ought to have been insisted upon. 3. We have heard learned counsel for the respondent also. 4. Having regard to the peculiar facts and circumstances of the case we are satisfied that the direction issued by the learned Single Judge can be modified slightly. The respondent shall, in addition of making the cash deposit, execute a bond for the sum of Rs.1,40,000/-(Rupees one lakh fourty thousand only) with two sureties for the like sum to the satisfaction of the District Collector. The sureties shall produce current basic tax receipts in respect of the property or such other document evidencing non- encumbrance. With the above modification, this Writ Appeal is disposed of. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No.2513 of 2009 -:3:-