IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 5^TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945 WP(C) NO. 29045 OF 2023 PETITIONER:

VIMAL M.S AGED 35 YEARS MALY VEEDU, THOTTUVA KAVALA, MALAYATTOOR P.O., MALAYATTOOR, ERNAKULAM, PIN – 683 587.

BY ADV C.M.DHANY SARUN RAJAN RESPONDENTS:

1 THE DISTRICT COLLECTOR CIVIL STATION, ERNAKULAM DISTRICT, PIN – 682 030.

2 THE GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY, CIVIL STATION, KAKKANAD, ERNAKULAM, KERALA, PIN – 682 030.

3 THE STATION HOUSE OFFICER NEDUMBASSERY POLICE STATION, ERNAKULAM DISTRICT, PIN – 683 111.

SMT. PRINCY XAVIER – SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

05.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is the registered owner of a Hitachi Excavator bearing Registration No.KL-63-H-2893 which was seized by the 3^rd respondent for violation of the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008. The petitioner has filed this writ petition for direction to the 3^rd respondent to report the seizure of the said vehicle to the 1^st respondent forthwith to enable the petitioner to file an application for its interim custody.

2. When the writ petition came up for consideration today, the learned Government Pleader, on instructions, submits that the 3^rd respondent has submitted a report of seizure to the Geologist, the 2^nd respondent.

3. Since it is submitted that the 3^rd respondent has reported the seizure of the petitioner’s vehicle to the 2^nd respondent Geologist, there will be a direction to the 2^nd respondent to report the same along with all relevant documents to the 1^st respondent within a period of three days, if not already reported. It will be open to the petitioner to approach the 1^st respondent with an application for interim custody of the vehicle and the 1^st respondent shall consider the application, within a period of two weeks from the date of its receipt.

The writ petition is disposed of with the above direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR APPENDIX PETITIONER ’ S EXHIBIT S:-

EXHIBIT P1 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO.

KL-63-H-2893.

EXHIBIT P2 THE TRUE COPY OF THE REPORT DATED

21.08.2023 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF THE MAHAZAR PREPARED BY THE 3RD RESPONDENT.

RESPONDENTS EXHIBITS: NIL.