IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 14851 of 2010(F) ------------------------------------- PETITIONER(S): ------------------------ M.SURESH, S/O.MURUGAN, NEW HOUSE, THIRUVALATHUR P.O., KODUMBA VILLAGE, PALAKKAD. BY ADV. SMT.RADHIKA P.GOPINATH RESPONDENT(S): ------------------------ 1. THE SUB INSPECTOR OF POLICE, KASABA STATION, PALAKKAD. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 14851 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of May, 2010 J U D G M E N T The petitioner is challenging Ext.P2 order passed by the District Collector, Palakkad, by which, on a finding that the vehicle owned by the petitioner has been used for illegal transportation of river sand, the petitioner has been directed to pay an amount of Rs.1,45,000/- towards River Management Fund, being the value of the vehicle. Petitioner's contention is that the value of the vehicle was fixed without obtaining a valuation from the competent officer, which is a must as per the Division Bench decision of this court in District Collector, Malappuram v. Abdul Kasim (2010 (1) KLT SN 31 (C. No.38). When it was pointed out to the learned counsel for the petitioner that the petitioner will have to pay the value fixed, even if it is higher than the amount presently fixed, the counsel confines the relief for time to pay the amount and also for W.P.(C)No. 14851 of 2010 -2- interim custody of the vehicle. Taking into account the facts and circumstances of the case, I direct the respondents to give the petitioner two months' time to pay the amount covered by Ext.P2 order. The vehicle shall be released to the petitioner on the petitioner providing bank guarantee for Rs.1,45,000/- as security for the due payment for the amount covered by Ext.P2 within two months. On providing such security and producing proof of ownership of the vehicle, the vehicle shall be released to the petitioner. However in the meanwhile the registered owner of the vehicle shall not alienate or part with possession of the vehicle and the vehicle shall be produced as and when directed. If in the meanwhile, further transgressions are noticed in respect of the vehicle, the vehicle shall be promptly seized and shall not be released until final orders are passed. The writ petition is disposed of as above. S. SIRI JAGAN JUDGE shg/