NOORJAHAN K S Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the registered owner of a vehicle viz., JCB bearing registration No.KL.04-R-7000. The vehicle was seized on 10-1-2012 by the Addl. Tahsildar on the allegation that it was used for filling a paddy filed. Ext.P1 is the copy of the seizure mahazar. Proceedings have to be finalised, in the light of the directions by the learned Additional Sessions Judge in Ext.P3. The petitioner seeks for interim release of the vehicle during the pendency of the proceedings by the District Collector.

(2.) IN Ext.P3 the direction is to release the vehicle on depositing one third of the value of the vehicle as fixed by the Joint RTO/Motor Vehicle Inspector, Mavelikara in cash and on furnishing bank guarantee or property security for the balance two third value.

(3.) PROCEEDINGS will have to be expedited, in the light of the order passed by the learned Addl. Sessions Judge. Therein there is a direction to release the vehicle to the petitioner on depositing one third of the value of the vehicle and on furnishing bank guarantee or property security for the balance two third value. The said condition stands modified to the extent of directing the petitioner to furnish title deed/deeds to meet the statutory requirements. It will be one and a half times to the value of the vehicle, in the light of the provisions of the Act and if the documents are submitted before the 2nd respondent, the same will be perused and after accepting the said security, the vehicle will be released to the petitioner. The petitioner shall also execute a bond undertaking not to alienate the vehicle till the proceedings are over. He will also undertake that he will produce the vehicle as and when required by the 2nd respondent. The final order shall be passed by the District Collector after hearing the petitioner and after giving due opportunities to adduce evidence. The vehicle will be released within a period of three days from the date of furnishing the security.