The petitioner's vehicle was seized under the Kerala Protection of River Banks Act. The court allowed payment in installments and directed release of the vehicle upon remitting 50% and furnishing security.
Directed to remit 50% and furnish security for release; balance payable in three equal monthly installments commencing 30th August 2011.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933
WP(C).No. 20822 of 2011(C)
--------------------------
PETITIONER:
SUNIL KUMAR K.V., S/O.VELAYUDHAN, AGED 37 YEARS, KUNDOORATH VALAPPIL HOUSE, MANGATTOOR, PERUMPARAMBU P.O., KALADY VILLAGE, MALAPPURAM DISTRICT. (RC OWNER OF KL-11-C-2228).
BY ADV. MR. SHOBY K.FRANCIS
RESPONDENTS:
BY GOVERNMENT PLEADER MS. M.J. RAJASHREE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) 20822 OF 2011
APPENDIX
PETITIONER'S EXHIBITS :
EXT. P1 : TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT IN M - 5088/29/2010 DATED 21.01.2011 RECEIVED ON 22.02.2011 EXT. P2 : TRUE COPY OF THE ORDER DATED 16.07.2011 IN NO. DM6/22696/2011 PASSED BY THE 1ST RESPONDENT.
/TREU COPY/
P.A. TO JUDGE
P.R. RAMACHANDRA MENON J.
W.P (C) No . 20822 of 2011
Dated, this the 29th July , 2011
JUDGMENT
The vehicle bearing No. KL 11 C 2228 belonging to the petitioner was seized by the 3rd respondent on 05.03.2010, alleging involvement of offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The proceedings were finalized by passing Ext. P1 order by the second respondent, which in turn was subjected to challenge by filing a revision petition before the first respondent, who finalized the same by passing Ext. P2 order dated 16.07.2011.
W.P. (C) No. 20822 of 2011
: 2 :
a. Petitioner is directed to remit 50 % of the amount covered by Ext. P1 forthwith and to furnish security either in the form of 'bank guarantee' or by way of 'immovable property' to the satisfaction of the 2nd respondent; on which event, the vehicle shall be released to the petitioner forthwith.
b. The petitioner shall also give an undertaking that he will produce the vehicle as and when directed and that he will not alienate or transfer the vehicle, nor will be do anything so as to demolish the value of the vehicle.
c. The balance amount shall be cleared by way of 'three' equal monthly installments, commencing from 30th of August, 2011 followed by similar installments to be effected on or before the 30th of the succeeding months.
d. If any default is committed in clearing the liability as above, the respondents are at liberty to proceed against the petitioner in accordance with law.
e. It is made clear that, if the vehicle gets involved in similar offence in future, the vehicle, if seized accordingly, shall not be released to the petitioner till the proceedings are finalized in respect of such cause of action.
The Writ Petition is disposed of.
Sd/-
P. R. RAMACHANDRA MENON, JUDGE
kmd
1 issue framed by the court
Whether the petitioner is permitted to clear the seized vehicle liability in installments pending full payment.
2 provisions across 2 enactments
Sunil Kumar K.V.
The District Collector, Malappuram
The Sub Divisional Magistrate/RDO, Tirur
Sub Inspector of Police, Changaramkulam
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
