Disposed

Firoz Babu.E v. District Collector

Kerala HC13 Sept 2011WP(C)/24720/2011

Case brief

AI extract

What is this about?

The High Court granted the petitioner liberty to satisfy penalty liability under the Kerala Protection of River Banks Act in six equal monthly installments, provided he furnishes security for the balance amount, keeps the vehicle intact, and ensures the disposal of the enforcement petition. Recovery proceedings were kept in abeyance.

What did the court decide?

Liberty granted to satisfy liability in six monthly instalments; custody of vehicle released on furnishing security for balance amount; recovery proceedings kept in abeyance.

Firoz Babu.E Vs District Collector — Motor Accident Claims | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

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TUESDAY, THE 13TH SEPTEMBER 2011 / 22ND BHADRA 1933

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WP(C).No. 24720 of 2011(L)

PETITIONER(S):

FIROZ BABU, S/O. MOHAMMED NAJEEB, ERANJIKKAL HOUSE, MAMPAD.P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT.

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BY ADV. SRI.P.SAMSUDIN

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RESPONDENT(S):

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THE DISTRICT COLLECTOR, MALAPPURAM 688506.

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THE REVENUE DIVISIONAL OFFICER, PERINTALMANNA 688511.

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BY GOVT. PLEADER SRI.MOHAMMED SHAFI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 24720/2011

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE EXT.P2 : COPY OF THE FINAL ORDER DATED 6.8.2011 PASSED BY THE 2ND RESPONDENT

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RESPONDENT'S EXHIBITS:

NIL

//TRUE COPY//

P.A. TO JUDGE

vps

P.R.RAMACHANDRA MENON, J

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--------------------------------------------------

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W.P.(C)No.24720 of 2011

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-------------------------------------------------DATED THIS THE 13^th DAY OF SEPTEMBER, 2011

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J U D G M E N T

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The vehicle bearing registration No.KL-11-X-1131 was intercepted by the concerned authorities alleging offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, which culminated in Exhibit P2 order.

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The learned counsel for the petitioner submits that though the petitioner is vested with the statutory remedy against Exhibit P2, the petitioner does not want to avail the same and would like to wipe off the liability in a phased manner.

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Heard the learned Government Pleader as well.

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Considering the particular facts and circumstances of

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the case and also the submission made by the learned counsel for

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the petitioner that the order passed by the 2^nd respondent is not intended to be challenged, but for the limited relief as mentioned above, the petitioner is granted liberty to satisfy the liability by way of 'six' equal monthly instalments, the first of which shall be made on or before 30^th of this month and the remaining

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W.P.(C)No.24720/11 -2-

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instalments on or before the last working day of every succeeding month. It is further made clear that if the petitioner's vehicle is involved in any other similar offence, the benefit granted as per this judgment will stand forfeited automatically. On satisfaction of the 50% of the liability covered by Exhibit P2, custody of the vehicle shall be released to the petitioner on furnishing security either by way of bank guarantee or immovable security in respect

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of the balance amount and also an undertaking that the petitioner will not alienate the vehicle or cause any damage or reduce the value of the vehicle till the liability is cleared as above. Subject to the above recovery proceedings shall be kept in abeyance for the time being.

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The Writ Petition is disposed of as above.

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P.R.RAMACHANDRA MENON , JUDGE .

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dsn

Firoz Babu.E v. District Collector

Case brief

What is this about?

What did the court decide?

Firoz Babu.E v. District Collector

Case brief

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