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2025 Supreme(Ker) 2919

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.Dias
Venugopalan C. – Appellant
Versus
Tahsildar ( Land Records ) – Respondent


Advocates Appeared:
For the Petitioner: Sri.Krishna Prasad. S, Smt.Sindhu S Kamath, Smt.Swapna S.K., Smt.Rohini Nair, Shri.Suraj Kumar D., Shri.Sunilkumar K.K., Smt.A.Karthika Sivan
For the Respondent: Sr.Gp. Smt. Preetha K.K

Table of Content
1. seizure of excavator based on insufficient evidence. (Para 1 , 2)
2. procedural legitimacy questioned; fair notice needed. (Para 4 , 5)
3. court emphasized fair hearing and due process. (Para 9)

JUDGMENT :

The petitioner is the owner of an excavator bearing No. KL-78-0404. The petitioner rents out his excavator for earth moving works. On 29.01.2025, an owner of a land in Mananthavady Village took the excavator on rent to dig a wastewater pit in his property. The landowner told the petitioner’s driver that his property is a dry land. On the next day, the petitioner’s driver was directed by the 2nd respondent to take the excavator to the 1st respondent’s office. The 1st respondent told the petitioner’s driver that the excavator was seized. The excavator was seized without any inspection, and based on false information. Even though the petitioner requested the respondents 1 to 3 to release the excavator, the same was to no avail. The petitioner has received information through his friend under the Right Information Act, which substantiates that though the excavator was seized on 29.01.2025, the 2nd respondent sent the mahazar and sketch only the next day. The earth work

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