The petitioner is the registered owner of a goods carriage/tanker lorry bearing registration No.KL-36-D-1063. The said vehicle was seized by the Health Inspector attached to the Kozhikode Municipal Corporation on the allegation that it was used for discharging excreta at a place near a residential house. Ext.P2 is the seizure mahazar. After the seizure, a report was sent to the 2nd respondent, the Sub Divisional Magistrate, for initiating proceedings under Section 340B of the Kerala Municipality Act, 1994 [for brevity, ‘the Act’]. According to the petitioner, the seizure is illegal since it was only on the apprehension of intention to discharge excreta the vehicle was seized and no case is made out under Section 340A or 340B of the Act and those Sections are attracted only if deposit of rubbish, filth or excreta is made in water bodies or water sources.

2. Those are matters for the 2nd respondent to consider in the proceedings initiated under Section 340B of the Act, 1994. However, taking note of the fact that the vehicle was seized early as on 01.02.2024 and to avoid the same from being rusted and ruined, I am of the view that the vehicle can be released to the petitioner o