IMPORTANT POINTS
Section 21 of the Kerala Conservation of Paddy Land and Wetland Act provides for an appeal against the order of confiscation, to the District Court having jurisdiction over the area in which the articles were seized and the District Judge shall, after giving the parties a reasonable opportunity of being heard issue such order either confirming, amending or annulling the order appealed against. It is not a case of designating a person by name as the Appellate Authority. An appeal under Section 21 of the said Act can be filed in the District Court having jurisdiction over the area in which the articles were seized, which can be heard either by the Principal District Judge or any other District Judge in that District. This is a clear departure from appointing a District Judge as a persona designate.

ORDER :

The petitioner, who is the owner of a JCB bearing Registration No.KL-33/5, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 order of confiscation of the 1st respondent District Collector dated 10.02.2012 and to set aside Ext.P4 judgment dated 23.01.2017 of the Sessions Court, Kottayam in Criminal Appeal No.82 of 2012. The petitioner has also sought for a declaration that all proceedings initiated against him before final publication of data-bank by the 6th respondent Municipality is illegal; and a writ of mandamus commanding the respondents to release JCB bearing Registration No.KL-33/5 to the petitioner forthwith.

2. The Registry has noted defect as to whether a writ petition under Article 226 can be filed challenging Ext.P4 judgment of the Sessions Court in Criminal Appeal No.82 of 2012 and accordingly, the matter is listed before this Court as an unnumbered writ petition.

3. Heard the learned counsel for the petitioner.

4. The issue that has to be decided is as to whether a writ petition under Article 226 of the Constitution of India can be filed challenging Ext.P4 judgment in an appeal filed under Section 21 of the Kerala Conservation of Paddy Land and Wetland Act, 2008, against Ext.P1 order of confiscation.

5. The confiscation of the petitioner's vehicle by Ext.P1 order dated 10.01.2012 of the 1st respondent District Collector is one under Section 20 of Kerala, Conservation of Paddy Land and Wetland Act. Section 21 of the Act deals with appeal against confiscation. As per Section 21, any person aggrieved by an order of confiscation under Section 20 may within thirty days from the date of communication to him of such order, appeal to the District Court having jurisdiction over the area in which the articles were seized and the District Judge shall, after giving the parties a reasonable opportunity of being heard issue such order either confirming, amending or annulling the order appealed against.

6. Article 226 of the Constitution of India deals with the power of the High Courts to issue certain writs. Under clause (1) of Article 226 of the Constitution, notwithstanding anything in Article 32, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose. Going by clause (2) of Article 226, the power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.

7. On the other hand, Article 227 of the Constitution of India deals with power of superintendence over all courts by the High Court. Under clause (1) of Article 227 of the Constitution, every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. Clause (2) of Article 227 provides that, without prejudice. to the generality of the provisions under clause (1), the High Court may call for returns from such courts; make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts, Going by clause (4), nothing in Article 227 shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or