IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WP(C).No. 32651 of 2009(B) -------------------------- PETITIONER: --------------- NAVAS O.K., S/O. ABDULLA HAJI, AGED 31 YEARS, ODAKKAYIL HOUSE, ATHIYODI P.O., KOORACHUNDU, KOZHIKODE DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.N.SHAMSUL HUDA RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, KOZHIKODE. 2. THE SUB INSPECTOR OF POLICE, KOORACHUNDU POLICE STATION, KOZHIKODE DISTRICT. BY GOVT. PLEADER SRI. P.N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 32651 OF 2009 -------------------------- Dated this the 16th day of November, 2009 J U D G M E N T Ext.P6 order passed by the District Collector, Kozhikode, under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules framed thereunder is under challenge in this writ petition. By Ext.P6 order, the District Collector,Kozhikode, while ordering confiscation of the petitioner's vehicle permitted him to avoid confiscation by remitting the sum of Rs.50,000/- fixed as the value of the vehicle, in the river management fund. 2. The petitioner challenges Ext.P6 to the extent it directs him to deposit the sum of Rs.50,000/-. He contends that the value fixed for the vehicle is exorbitant and that he was not put on notice or heard before Ext.P6 order was passed. The petitioner has no case that the sand transported in his vehicle was covered by a valid pass. Even in this writ petition the petitioner has not produced W.P.(C) No. 32651/09 2 any material to show that his vehicle was not involved in illegal transportation of sand. Therefore, even if he had been heard, no conclusion other than the one arrived at in Ext.P6 order could have been arrived at. Ext.P4 certificate of insurance discloses that the insurer of the petitioner's vehicle had estimated the value of the vehicle as Rs.4,50,000/-, as on 28.2.2009. The petitioner's vehicle is a 2007 model vehicle. The District Collector has in Ext.P6 determined the value of the vehicle at Rs.50,000/- only. Thus it is evident that the value adopted by the District Collector is not on the higher side. I therefore find no grounds to interfere with Ext.P6. 3. The learned counsel appearing for the petitioner submits that the petitioner is not in a position to pay the sum of Rs.50,000/- in lump and that he may be given an opportunity to pay the said sum in two installments. In the light of the said submission, I dispose of this writ petition with a direction that in the event of the petitioner depositing the sum of Rs.25,000/- on or before 15.12.2009 W.P.(C) No. 32651/09 3 and furnishing bank guarantee for the balance sum of Rs.25,000/-, the vehicle shall be released to him on the day he deposits the money and furnishes the bank guarantee. The petitioner shall pay the balance amount of Rs.25,000/- on or before 15.1.2010. If the petitioner does not pay the balance sum of Rs.25,000/- on or before 15.1.2010, it will be open to the District Collector to invoke the bank guarantee. If, on the other hand, the petitioner deposits the balance amount of Rs.25,000/- in time, the District Collector shall record satisfaction of Ext.P6 order and release the bank guarantee to the petitioner on the day he deposits the said amount. P.N.RAVINDRAN, JUDGE vps