IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 13TH SEPTEMBER 2011 / 22ND BHADRA 1933 WP(C).No. 24738 of 2011(N) -------------------------- PETITIONER(S): --------------- HABEEB, S/O.ABDULLA, VELUMPIYANPADAM HOUSE,POTHUKALU P.O., MALAPPURAM DIST, BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): --------------- 1. THE DISTRICT COLLETOR MALAPPURAM PIN-679331, 2. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA-679322. BY GOVT. PLEADER SRI.MOHAMMED SHAFI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 24738/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE JUDGMENT OF THIS COURT DATED 16.11.2010 IN W.P.(C) No. 34518/2010 EXT.P2 : COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 29.12.2010 EXT.P3 : COPY OF THE ORDER DATED 1.8.2011 ISSUED BY THE 2ND RESPONDENT RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.R.RAMACHANDRA MENON, J -------------------------------------------------- W.P.(C)No.24738 of 2011 -------------------------------------------------- DATED THIS THE 13th DAY OF SEPTEMBER, 2011 J U D G M E N T The vehicle bearing registration No.KL-40-B-2706 was intercepted by the concerned authorities alleging offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, which culminated in Exhibit P2 order, followed by Exhibit P3. 2. The learned counsel for the petitioner submits that the petitioner does not want to challenge the proceedings, but would like to wipe off the liability in a phased manner. 3. Heard the learned Government Pleader as well. 4. Considering the particular facts and circumstances of the case and also the submission made by the learned counsel for the petitioner that the orders passed by the 2nd respondent are not intended to be challenged, the petitioner is granted liberty to satisfy the liability by way of 'eight' equal monthly instalments, the first of which shall be made on or before 30th of this month and the remaining instalments on or before the last working day W.P.(C)No.24738/11 -2- of every succeeding month. It is further made clear that if the petitioner's vehicle is involved in any other similar offence, the benefit granted as per this judgment will stand forfeited automatically. On satisfaction of the 50% of the liability as aforesaid, custody of the vehicle shall be released to the petitioner on furnishing security either by way of bank guarantee or immovable security in respect of the balance amount and also an undertaking that the petitioner will not alienate the vehicle or cause any damage or reduce the value of the vehicle till the liability is cleared as above. Subject to the above recovery proceedings shall be kept in abeyance for the time being. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE. dsn