SIBI P V Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner's vehicle bearing registration No.KL-7H-6258 was seized by the 2nd respondent on 4.12.2003 on allegations of using the vehicle for illegal transportation of river sand in violation of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. As per the orders of this Court, interim custody of the vehicle was given to the petitioner on the petitioner depositing an amount of Rs.10,000/-. This Court, by Ext.P1 judgment, directed the 1st respondent-District Collector to adjudicate the matter and pass final orders. Subsequently, by Ext.P4 order, the 1st respondent passed final orders holding that the vehicle was seized without complying with the procedures prescribed under the Act and Rules and, therefore, the vehicle is released to the petitioner. The petitioner's grievance now is that despite passing final orders in favour of the petitioner, the amount deposited by him as a condition for interim custody of the vehicle has not been released to the petitioner.

(2.) The counsel for the petitioner is absent. I have heard the learned Government Pleader.

(3.) The learned Government Pleader could not satisfy me as to how the respondents can retain the amount deposited as a condition for interim custody of the vehicle, on the District Collector passing final orders finding that the seizure itself was illegal. Therefore, the petitioner is entitled to refund of the said amount of Rs.10,000/-. The said amount shall be released to the petitioner within one month from the date of receipt of a certified copy of this judgment, if not already released. The writ petition is allowed as above.