1 O.P.(C) NO.813 OF 2025 2025:KER:25208 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 O.P.(C) NO.813 OF 2025 (AGAINST THE ORDER/JUDGMENT DATED 24.02.2025 IN CMA NO.18 OF 2025 OF DISTRICT COURT & SESSIONS COURT, THRISSUR) PETITIONER/APPELLANT: MANEESH M MENON, AGED 44 YEARS, S/O.MUKUNDA MENON, PARAMEL HOUSE, DESAMANGALAM VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT, (OWNER OF LORRIES BEARING REGISTRATION NO.KL-35-B-2282, KL-53-6227, KL-51-1992), PIN – 679 532 BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ RESPONDENTS/RESPONDENTS: 1 THE DISTRICT COLLECTOR, DISTRICT COLLECTOR OFFICE, 1ST FLOOR, CIVIL STATION, CIVIL LINE ROAD, AYYANTHOLE VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, PIN – 680 003 2 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, DISTRICT COLLECTOR OFFICE, 1ST FLOOR, CIVIL STATION, CIVIL LINE ROAD, AYYANTHOLE VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, PIN – 680 003 3 THE SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION, CHERUTHURUTHY VILLAGE AND P.O., THALAPPILLY TALUK, THRISSUR DISTRICT, PIN – 679 531 2 O.P.(C) NO.813 OF 2025 2025:KER:25208 4 SUB COLLECTOR, THRISSUR DISTRICT, SUB COLLECTOR OFFICE, 1ST FLOOR, CIVIL STATION, CIVIL LINE ROAD, AYYANTHOLE VILLAGE AND P.O., THRISSUR TALUK, PIN – 680 003 GP SMT K.B SONY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 O.P.(C) NO.813 OF 2025 2025:KER:25208 JUDGMENT (Dated: 25th March, 2025) The petitioner herein is the owner in possession of three lorries bearing Reg.No.KL-35/B-2282, KL-53/6227, and KL-51/1992. He is the appellant in C.M.A.No.18 of 2025 of the District Court, Thrissur. The said lorries were seized on the allegation that the vehicles were used for the conversion of paddy land. 2. The 1st respondent conducted an adjudication proceeding and thereby confiscated the vehicles of the petitioner. By order dated 14.02.2025, the first respondent gave an opportunity to the petitioner to remit 1½ times the value of the vehicles in lieu of confiscation. The order of the 1st respondent was challenged by filing C.M.A.No.18 of 2025. I.A.No.2 of 2025 was filed in the C.M.A. for interim custody of vehicles and the 1st condition in Ext.P3 order in I.A.No.2 of 2025, is to execute bonds for Rs.6,00,000/- each, for each vehicle with two 4 O.P.(C) NO.813 OF 2025 2025:KER:25208 solvent sureties each for each vehicle, and also to furnish immovable properties having such value as security for the bonds being executed by them. 3. The counsel for the petitioner submits that as per the 1st condition, the value of three vehicles is only Rs.5,40,000/- as fixed by the District Collector. As per the 1st condition, he has executed a bond for Rs.18,00,000/- each, and also the petitioner is directed to produce the vehicle in the police station every 2nd and 16th day of all English months in between 9.00 a.m., and 9.30 a.m., for verification. Therefore, he filed this original petition for the release of the vehicles without a bank guarantee. 4. This Court has passed Exts.P7, P8, and P9 judgments in similar cases, where the court has ordered the release of the vehicle on executing bond for the entire value of the vehicle. Taking into consideration the facts and circumstances of the case 5 O.P.(C) NO.813 OF 2025 2025:KER:25208 and also the judgments Exts.P7, P8, and P9, this original petition is disposed of, modifying conditions No.1 and 2 as follows, and the rest of the conditions will remain the same. a) The petitioner is to execute a bond equivalent to the value of the vehicles as fixed by the District Collector in Ext.P2. b) The petitioner shall produce the vehicle on the 15th of every month before the SHO Cheruthuruthy in between 9.00 a.m. and 9.30 a.m., for verification. On verification, the SHO shall forward a report to the District Collector. If this condition is not complied with, the bond executed by the sureties will deemed to be forfeited as far as the vehicle is not produced. If so, the District Collector can proceed accordingly. Sd/- BASANT BALAJI, JUDGE ss 6 O.P.(C) NO.813 OF 2025 2025:KER:25208 APPENDIX OF OP(C) 813/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 29.01.2025 ISSUED BY THE FIRST RESPONDENT Exhibit P2 TRUE COPY OF THE ORDER DATED 14.2.2025 ISSUED BY THE FIRST RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER DATED 24.2.2025 IN I.A.NO.2/2023 IN CMA NO.18/2025 ON THE FILE OF DISTRICT COURT, THRISSUR Exhibit P4 TRUE COPY OF INTERIM ORDER OF THIS HONOURABLE COURT DATED 26.07.2024 IN W.P(C) 20890 OF 2024 Exhibit P5 TRUE COPY OF JUDGEMENT DATED 15.7.2024 IN O.P(C) 1945 OF 2023 PASSED BY THIS HONOURABLE COURT Exhibit P6 TRUE COPY OF INTERIM ORDER DATED 27.05.2024 IN W.P(C) 17609 OF 2024 PASSED BY THIS HONOURABLE COURT Exhibit P7 TRUE COPY OF JUDGEMENT DATED 2.12.2024 IN O.P.(C) 2539 OF 2024 PASSED BY THIS HONOURABLE COURT Exhibit P8 TRUE COPY OF JUDGEMENT DATED 2.12.2024 IN O.P.(C) 2547 OF 2024 PASSED BY THIS HONOURABLE COURT Exhibit P9 TRUE COPY OF JUDGEMENT DATED 31.1.2025 IN O.P.(C) 257 OF 2025 PASSED BY THIS HONOURABLE COURT Exhibit P10 TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT DATED 28.06.2024 IN COC NO. 1477 OF 2024 Exhibit P11 TRUE COPY OF THE ORDER DATED 23.12.2022 IN I.A.NO.3 OF 2022 IN CMA NO.75/2022 ON THE FILE OF DISTRICT COURT, ERNAKULAM