IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 25716 of 2010(L) ---------------------------------------- PETITIONER(S): ------------------------ MOHAMMED, S/O.SAIDALAVI, KARUVADI HOUSE, PUZHAKKATTIRI, MALAPPURAM DISTRICT. BY ADVS. 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 - 695 039. 2. THE DISTRICT COLLECTOR, MALAPPURAM - 676 505. 3. THE SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION, KOLATHUR P.O., MALAPPURAM - 679 338. R1 TO R3 BY GOVERNMENT PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.SIRI JAGAN, J. ================== W.P.(C).No. 25716 of 2010 ================== Dated this the 16th day of August, 2010. J U D G M E N T The petitioner challenges Ext.P3 order of the District Collector, Malappuram, whereby the District Collector, on a finding that the petitioner has used his vehicle for illegal transportation of river sand in violation of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, the petitioner was directed to pay an amount of Rs.3,00,000/- being the value of the vehicle towards River Management Fund. However, the petitioner confines his relief for a direction to the respondents to permit the petitioner to pay off the amount in easy instalments. 2. This is opposed by the learned Government Pleader. 3. Having heard both sides, I dispose of this writ petition with the following directions:- The respondents shall permit the petitioner to pay the amount covered by Ext.P3 order in 6 equal monthly instalments starting from 2.9.2010. Every subsequent instalment shall be paid on the 1st working day of every succeeding month. On payment of the first instalment and furnishing security to the satisfaction of the District Collector for payment of the balance, the vehicle W.P.(C).No. 25716 of 2010 2 shall be released to the petitioner. Petitioner shall not alienate or otherwise part with possession of the vehicle until the entire amount covered by Ext.P3 order is paid of. The petitioner shall keep the vehicle in good working condition. If the petitioner complies with the above directions and pays the instalments on the due dates, further coercive proceedings for recovery of the amounts covered by Ext.P3 shall be kept in abeyance. However, if the petitioner commits default in compliance of any of the conditions as above or payment of any of the instalments, it will be open to the respondents to recover the entire amount in a lump sum by resort to all legal means available to them. If the vehicle is again seized on allegations of similar violation, the same shall not be released except in accordance with the final orders to be passed pursuant to such seizure. S.SIRI JAGAN, JUDGE mns