MUHAMMED RAFEEKH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition arises from a matter wherein the proceedings under the Kerala Conservation of Paddy Land and Wet Land Act have been initiated since the vehicle namely, Tipper Lorry bearing registration No.KL-13-X-4817 purchased by the petitioner with the financial assistance from Shriram Transport Finance Company Ltd., Kannur was seized in April 2012 while transporting soil for construction of a residential building owned by one Smt.Shameema. M., Kovappuram. It is averred in the writ petition that Kunhimangalam Grama Panchayath as per Ext.P2 had given intimation for transporting of the same. Presently, the petitioner is facing a direction to deposit Rs.9.75 lakhs in the Treasury to release the vehicle by way of interim custody.

(2.) HEARD the learned counsel for the petitioner and the learned Government Pleader.

(3.) THE question is whether the petitioner will have to deposit the amount as directed in Ext.P8. Evidently, in the facts of the case, it may not be required since the petitioner is prepared either to furnish Bank guarantee or to furnish security by way of immovable property by executing a bond to the satisfaction of the authorities concerned. Therefore, the petitioner can be relieved of the obligation to deposit the entire amount of Rs.9.75 lakhs as directed in Ext.P8. The same will stand modified accordingly. The writ petition is disposed of with the following directions: On the petitioner furnishing either Bank guarantee to the tune of Rs.9.75 lakhs or sufficient security by way of immovable property of the petitioner or any of the relatives to the satisfaction of the District Collector, the vehicle will be released and the action thereon will be finalized within a period of one week from the date on which the petitioner complies with either of the conditions. The petitioner will produce a copy of this judgment along with a copy of the writ petition for compliance.