IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 21583 of 2011(W) -------------------------- PETITIONER(S) :- ------------------------ AKBER P.P., S/O.MAMMIKUTTY, AGED 29 YEARS, PARAMBILPEEDIKAYIL HOUSE, AYINKALAM P.O., THAVANUR VIA., MALAPPURAM DISTRICT, (OWNER OF KL-10/T-9418). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S) :- ------------------------- 1. THE SUB-DIVISIONAL MAGISTRATE/RDO, OFFICE OF RDO, TIRUR, MALAPPURAM-676 101. 2. SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, CHANGARAMKULAM P.O., MALAPPURAM DISTRICT-676 505. GOVT. PLEADER SRI.ARAVINDA KUMAR BABU.T.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No.21583 OF 2011 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of Order passed by the 1st respondent dated 16-5-2011 in M.7184/23/2010. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge P.R.RAMACHANDRA MENON, J. ------------------------------------------- W.P.(C) No.21583 of 2011 ------------------------------------ Dated this the 8th day of August 2011 J U D G M E N T Petitioner is the owner of a Mini Lorry bearing Reg.No. KL- 10/T-9418, which was seized by the 2nd respondent in connection with the illegal transportation of river sand on 1.9.2010. Pursuant to further steps, the first respondent passed Ext.P1 order on 16.5.2011 whereby a sum of `1,70,000/- was ordered to be satisfied by the petitioner to the River Management Fund, so as to redeem the vehicle in place of confiscation. 2. The learned counsel for the petitioner submits that the petitioner does not intend to challenge Ext.P1 order under any circumstance and that only relief pressed before this Court is to have the custody of the vehicle released to the petitioner permitting him to wipe off the liability under Ext.P1 by way of reasonable instalments. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, respondents are directed to release the vehicle to the petitioner on the W.P.(C) No.21583 of 2011 -: 2 :- petitioner's satisfying 50% of the liability covered by Ext.P1 by way of cash/DD and furnishing security for the balance amount either by way of 'bank guarantee' or immovable property to the satisfaction of the first respondent, simultaneously executing an 'undertaking' that the vehicle in question will not be alienated or handed over to any body or do any act which will cause to diminish the value of the vehicle. The balance amount shall be cleared by way of 'three' equal monthly instalments, the first of which shall be effected on or before 15.9.2011; to be followed by similar instalments to be effected on or before the 15th of the succeeding months. It is made clear that, if any default is committed by the petitioner in satisfying the liability as above, it will be open to the respondents to proceed against petitioner/vehicle in accordance with relevant provisions of law. Writ petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. Jvt