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2024 Supreme(Online)(KER) 4093
W.P(C) No.10789/24
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 10789 OF 2024
PETITIONER/S:
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ASHRAYATHEERAM CHARITABLE TRUST,
REGISTRATION NO.4/66/15, VENJARAMOODU P.O.,
THIRUVANANTHAPURAM - 695 607, REPRESENTED BY ITS CHAIRMAN
AND MANAGING TRUSTEE, UVAIS.B.
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HUSSAIN M,
AGED 52 YEARS,S/O. MUHAMMED HANEEFA,
PULIVILAKATHUCHANDRAVILASAM, BANGLAVU PALAM,PULLAMPARA
P.O, VENJARAMOODU, THIRUVANANTHAPURAM, PIN - 695607
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SAJAD,
AGED 47 YEARS,S/O.ABDUL RASSAQ, 8/162 SAJEENA MANZIL,
MAILAYKKAL, NELLANADU, NEDUMANGAD, THIRUVANANTHAPURAM
DISTRICT, PIN - 695606
BY ADVS.
ABDUL JAWAD K.
A.GRANCY JOSE
RESPONDENT/S:
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THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM,
DISTRICT COLLECTORATE, CIVIL STATION, KUDAPPANANKKUNNU,
THIRUVANANTHAPURAM, PIN - 695001
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THE REVENUE DIVISIONAL OFFICER, NEDUMANGAD,
REVENUE DIVISIONAL OFFICE, VALICODE KOPPAM, NEDUMANGAD
THIRUVANANTHAPURAM DISTRICT, PIN - 695541
2024:KER:24156
W.P(C) No.10789/24
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THE VILLAGE OFFICER, NELLANAD,
VILLAGE OFFICE, NELLANAD,VENJARAMOODU P O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695607
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THE STATION HOUSE OFFICER,
VENJARAMOODU POLICE STATION, MC ROAD, VENJARAMOODU,
NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT, PIN - 695607
OTHER PRESENT:
SMT.AMMINIKUTTY K, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:24156
W.P(C) No.10789/24
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MOHAMMED NIAS C.P., J
............................................................
W.P(C) No.10789 of 2024
.............................................................
Dated this the 27th day of March, 2024
The District Collector has the authority to finalize proceedings concerning the seizure of vehicles under the Kerala Conservation of Paddy Land and Wetland Act, 2008.
Headnote:
KERALA CONSERVATION OF PADDY LAND AND WETLAND ACT, 2008 - SEIZURE OF VEHICLES - FINALIZATION OF PROCEEDINGS
Fact of the Case:
The petitioners' vehicles were seized by the 3rd respondent for allegedly violating the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008. The petitioners filed a writ petition seeking the release of their vehicles.
Finding of the Court:
The court directed the 1st respondent, the District Collector, to finalize the proceedings concerning the seizure of the vehicles within one month from the date of receipt of a copy of the judgment.
Issues: Whether the seizure of the vehicles was legal.
Ratio Decidendi: The court held that it was for the 1st respondent to finalize the proceedings concerning the seizure of the vehicles and that the petitioners could seek interim release of the vehicles from the 1st respondent.
Final Decision: The writ petition was disposed of, and the petitioners were allowed to seek interim release of their vehicles from the 1st respondent.
The second petitioner is stated to be the registered owner of the two vehicles, an Earth Moving Equipment Vehicle (JCB) with Registration No.KL-21-V-3706 and a tipper lorry bearing Registration No.KL-02-AG-6517. The petitioners contend that the 3rd respondent seized the above vehicles alleging violation of the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, ‘the Act’).
2. The learned Government Pleader, on instructions, submits that the proceedings have been taken under Section 20 of the Act and the files are already forwarded to the District Collector, the 1st respondent.
In light of the said submission, I am of the view that it is for the 1 st respondent to finalise the proceedings concerning the above vehicles. It will be open to the petitioners to seek interim release of the vehicles from the 1st respondent and if an application is filed for that purpose, orders shall be passed within a week from the receipt of the said application. The District Collector will also finalise the proceedings concerning the seizure of the vehicle, in terms of Section 20 of the Act, and pass orders on the same within one month from the date of receipt of a copy of this judgment. All the other contentions of the petitioners are left open. The writ petition is disposed of as above.
