JUDGMENT

Dated this the 15th day of February, 2022 This writ petition is filed seeking the following relief:

“1)Issue a writ of mandamus or any other writ order or direction directing the respondents to release the vehicles bearing No.KL-29C-6667, tractor and KL07 Q-255, JCB MMV excavator to the petitioner on such conditions of furnishing security/bank guarantee, that my be fixed by this Hon'ble Court.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. The learned counsel for the petitioner submits that the petitioner is the owner of a tractor bearing registration No.KL-29C-6667 and a JCB MMV excavator bearing Registration No.KL-07 Q-255. It is submitted that the vehicles were taken from the garage without giving any information to the petitioner or his employees. It is submitted that Exhibits P2 and P3 stop memos had been issued and Exhibit P4 prohibitory order had been issued to the petitioner stating that the petitioner, his wife and brother are attempting to convert property violating Section 3 and Section 11 of the Kerala Conservation of Paddy Land and Wetland Act, 2008. It is submitted that the property of the petitioner in Survey No.150/1A is dry land as evident from Exhibit P1 data bank and that Exhibits P2 and P3 stand challenged in W.P.(C) Nos.30908 of 2021 and 690 of 2022 respectively. It is submitted that the petitioner has submitted Exhibit P9 representation before the District Collector pointing out all these factual aspects. But the same has not been considered.

4. The learned Government Pleader submits on instructions that the petitioner's vehicles have been seized on an allegation that they were involved in the illegal reclamation of paddy land. It is submitted that the records relating to this issue have been duly forwarded to the District Collector, who is empowered to consider the issue. It is submitted that the District Collector is considering the matter and that Exhibit P9 representation submitted by the petitioner can also be considered and appropriate orders passed, finalizing the proceedings, against the vehicles of the petitioner.

In the above view of the matter and in view of the fact that Exhibit P9 has been submitted by the petitioner before the District Collector, there will be a direction to the District Collector to take up the issue of confiscation of the vehicles belonging to the petitioner and finalise the proceedings after considering the contentions raised by the petitioner as well. The petitioner shall be put on notice and heard before the orders are passed. Appropriate orders shall be passed within a period of two weeks from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/- ANU SIVARAMAN JUDGE SSK/15/02 PETITIONER'S EXHIBITS:

TRUE PHOTOCOPY OF THE RELEVANT PORTION OF Exhibit P1 THE DATA BANK VIDE SL. NO.380.

TRUE PHOTOCOPY OF THE STOP MEMO DATED Exhibit P2 24.07.2021 ISSUED BY THE FIRST RESPONDENT VILLAGE OFFICER, PALLURUTHY VILLAGE.

TRUE PHOTOCOPY OF THE STOP MEMO DATED Exhibit P3

3.1.2022 ISSUED BY THE FIRST RESPONDENT.

TRUE PHOTOCOPY OF THE PROHIBITORY ORDER Exhibit P4 DATED 11.1.2022 ISSUED BY THE THIRD RESPONDENT.

TRUE PHOTOCOPY OF THE PETITION DATED Exhibit P5 22.1.2022 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT.

TRUE PHOTOCOPY OF THE REGISTRATION Exhibit P6 CERTIFICATE OF THE VEHICLE BEARING NO.

KL/29C/6667 TRACTOR.

TRUE PHOTOCOPY OF THE REGISTRATION Exhibit P7 CERTIFICATE OF THE VEHICLE BEARING NO.

KL-07-Q-255, JCB, MMV EXCAVATOR.

TRUE PHOTOCOPY OF THE REPRESENTATION Exhibit P8 DATED 25.01.2022 SUBMITTED BEFORE THE RESPONDENT.

TRUE PHOTOCOPY OF THE PETITION DATED Exhibit P9 31.1.2022 FURNISHED TO THE THIRD RESPONDENT.

TRUE PHOTOCOPY OF THE POSTAL RECEIPTS Exhibit P10 SHOWING THE FORWARDING OF EXT.P8 AND P9 BY REGISTERED POST.

RESPONDENTS' EXHIBITS: NIL SSK //TRUE COPY// PA TO JUDGE