BASHEER ABDULLA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is aggrieved by the issuance of the impugned Ext.P5 proceedings dated 15.03.2014 to the extent it imposes conditions for interim release of the petitioner's vehicle seized in connection with the alleged violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2002 and the rules framed thereunder.

(2.) THE petitioner had earlier approached this Court by filing W.P.(C) No. 22306 of 2013, in which this Court as per Ext.P4 judgment dated 09.09.2013 had directed the Revenue Divisional Officer concerned to consider the application preferred by the petitioner for interim custody of the vehicle in view of the legal principles laid down by a Full Bench of this Court in Shan C.T. v. State of Kerala reported in 2010 (3) KLT 413. In pursuance to the compliance of the directions issued by this Court in Ext.P4 judgment, the Revenue Divisional Officer concerned has issued impugned Ext.P5 proceedings dated 15.03.2014 in which it is ordered that 1/3rd of the assessed value of the vehicle shall be deposited by the petitioner and the bank guarantee for the balance amount of the assessed value shall be furnished.

(3.) I am afraid that the above submission of the petitioner cannot be countenanced in view of the legal principles laid down by the aforementioned Full Bench decision of this Court in Shan C.T. v. State of Kerala reported in 2010(3) KLT 413. In paragraphs 12 and 13 of the above said reported decision, the Full Bench has issued the following directions: