Seizure documentation under relevant environmental laws must contain specific property details for lawful enforcement action.

This writ petition is filed seeking for a direction to the respondents to release the excavator, bearing Reg.No.TN 45 BZ 150 covered by Ext.P1 certificate and Exts.P2 & P3 proceedings, to the petitioner.

2. The facts of the case are as follows;

The petitioner is the registered owner of an excavator registered as TN 45 BZ 150 under the Motor Vehicles Act. On 05.01.2014, the vehicle, which was parked on the side of Chaliam – Mannorrail Mallappally road at Chaliam, Kozhikode, was detained by the 1st respondent alleging that the said excavator was used for the purpose of filling up of the land, violating the provisions of the Kerala Conservation of Paddy Land and Wetland Act (for short, “the Act”). After the seizure, Ext.P2 seizure mahazar and Ext.P3 proceedings were forwarded by the 1st respondent to the 2nd respondent for further action. The petitioner filed Ext.P4 application dated 10.01.2014 before the 2nd respondent for interim release of the vehicle. But, no positive action was taken by the 2nd respondent. Hence, the petitioner has approached this Court with the above writ petition.

3. I have heard the learned counsel for the petitioner and the learned Government Pleader.

4. The learned counsel appearing for the petitioner submits that the petitioner purchased the excavator after availing loan from the Bank and the afore excavator is not at all involved in engagement of any act in violation of the Act and Rules. It is submitted that Ext.P2 seizure mahazar does not disclose the survey number or the property details, in which the petitioner has used the excavator. According to the petitioner, the land in question referred to in Ext.P2 mahazar is a pucca dry land and the same is not a paddy land or wetland and since the property details or the survey number of the property are absent in Ext.P2, it is liable to be set aside.

5. The learned Government Pleader, on the other hand, submitted that Ext.P2 seizure mahazar clearly describes the offence committed by the petitioner and it further discloses that the 1st respondent has seized the vehicle on the basis of a complaint lodged by the local people and it clearly mentions the property, in which the violation was committed by the petitioner under the Act, and that, the issue is still pending before the 2nd respondent.

6. I have considered the contentions raised by both sides. The learned counsel for the petitioner submits that in Ext.P2 seizure mahazar, the 1st respondent has not specifically mentioned the survey number or the property details, in which the filling up of the land using the excavator is done.

7. On 14.03.2014, this Court, by an interim order, has directed the respondents to release the excavator bearing Reg.No.TN 45 BZ 150 to the petitioner. Ext.P4 Application filed by the petitioner is pending before the 2nd respondent. On a consideration of the facts and on hearing both sides, I am of the opinion that the writ petition can be disposed of, with a direction to the 2nd respondent to consider and pass orders on Ext.P4 in a time bound manner.

8. In the result, the writ petition is disposed of as follows;

(a) The 2nd respondent is directed to consider and pass orders, if not already done, on Ext.P4 within a period of three months from the date of receipt of a certified copy of this judgment, with notice to the petitioner.

(b) Needless to the say, the 2nd respondent shall afford an opportunity of hearing to the petitioner before finalization of the proceedings.

The petitioner shall produce a certified copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance.

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SHOBA ANNAMMA EAPEN JUDGE

bka/-

APPENDIX OF WP(C) 6454/2014 PETITIONER EXHIBITS EXHIBIT P1: A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE EARTH MOVING EQUIPMENT OF THE PETITIONER BEARING REGISTRATION NUMBER TN 45 BZ

150.

EXHIBIT P2: A TRUE COPY OF THE SEIZURE MAHASAR DATED 5.1.2014 ISSUED BY THE IST RESPONDENT IN RESPECT OF VEHICLE NO.TN 45 BZ 150.

EXHIBIT P3: A TRUE