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2026 Supreme(Online)(Ker) 22706
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
VARGHESE T.D – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 2619 OF 2025
For the Appellants/Petitioners: SHRI.VARGHESE C.KURIAKOSE
For the Respondents: SMT.NIMA JACOB
A vehicle seized for illegal transport may have its security conditions amended based on alternate security submission without retaining the title deed.
Headnote:The judgment analyzes the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, involving the seizure of a petitioner's vehicle for illegal sand transportation. The court found that sufficient security had been deposited and determined the retention of title deed is unnecessary, directing its release upon further security submission. The court addressed issues on the legality of security retention and clarified the necessary conditions for the title deed's release. Consequently, the petition was disposed of as instructed.
| Table of Content |
|---|
| 1. seizure of vehicle for illegal transport. (Para 1) |
| 2. release conditions for title deed. (Para 2) |
| 3. court's order on security submission. (Para 3) |
JUDGMENT
Petitioner's vehicle bearing registration No.KL-13P-1278 was seized as it was found transporting river sand. Subsequently, the vehicle was released on petitioner furnishing security in the form of a title deed of a property belonging to his friend and also by depositing a portion of the value of the vehicle. The proceedings initiated against the petitioner under the Kerala Protection of River Banks and Regulation of Removal of Sand Act , 2001 is still pending. In the meantime, the petitioner has approached this Court seeking a direction to release the title deed deposited as a security for release of the vehicle.
2. I have heard the learned counsel for the petitioner as well as the learned Government Pleader.
3. Petitioner's vehicle which was seized while transporting river sand was directed to be released on furnishing security to the tune of Rs.2,00,000/-. Already, the petitioner had deposited Rs.60,000/- in cash and a title deed of a property belonging to Sri.Sunny V.T. as security for the balance amount. Since the petitioner has now offered to deposit the entire balance amount in cash, I am of the view that retention of the title deed is not necessary.
Accordingly, there will be a direction to respondents 2 and 3 to release the title deed furnished as security by the petitioner on condition that he furnishes a security for release of the title deed either in cash or by furnishing original bank deposit receipt. On furnishing the security either in cash or by deposit of the original FD receipt before the 2nd respondent, the original title deed shall be released, without delay.
The writ petition is disposed of as above.
