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2022 Supreme(Online)(KER) 48221
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN WEDNESDAY, THE 19TH DAY OF JANUARY 2022 / 29TH POUSHA, 1943 WP(C) NO. 1935 OF 2022 PETITIONERS:
1 RAJAN M.V.
AGED 59 YEARS S/O. VELAYUDHAN, 1/454, MENAMPARAMBIL HOUSE, KADAVALLUR P.O, KADAVALLUR VILLAGE, PANCHAYAT, THRISSUR, KERALA 680 543
2 SUBASH K.P AGED 54 YEARS S/O. PREMAN, KODATHUR HOUSE, CHERUVATHANI, ANJUR, KUNNAMKULAM, THRISSUR, KERALA 680 523 BY ADVS.
RAJIT RAMAKRISHNAN M.N.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY, MINING AND GEOLOGY DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 004
2 DISTRICT COLLECTOR CIVIL STATION, AYYANTHOLE, THRISSUR 680 003
3 THE VILLAGE OFFICER VILLAGE OFFICE, ANJUR, THRISSUR DISTRICT 680 541
4 AGRICULTURE OFFICER ARTHATTU KRISHI BHAVAN, CHITTANJOOR P.O, KUNNAMKULAM, THRISSUR DISTRICT 680 523
5 STATION HOUSE OFFICER KUNNAMKULAM POLICE STATION, KUNNAMKULAM, THRISSUR CITY 680 503 SMT.PRINCY XAVIER, SR. GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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Dated this the 19th day of January, 2022
J U D G M E N T
Tipper lorries belonging to the petitioners bearing Nos.KL-48-C-5284 and KL-52-E-9924 were seized alleging violation of the provisions of the Kerala Conservation of Paddy land and Wetland Act. The petitioners deny the alleged user in violation of the provision of the Act.
The petitioners seek for release of the vehicles.
2. In terms of Section 20 of the Kerala Conservation of Paddy land and Wetland Act, the second respondent is the authority empowered to decide on the issue.
3. The writ petition is disposed of directing the
5th respondent to have the records forwarded to the second respondent forthwith, if not already done. The second respondent shall take the proceedings under Section 20 of the Kerala Conservation of Paddy land and Wetland Act to a logical conclusion, after affording an opportunity of hearing to the petitioners, within a period of one month from the date of receipt of a copy of this judgment.
Sd/-
SATHISH NINAN JUDGE kns/-
APPENDIX PETITIONER'S EXTS:-
EXT.P1 A TRUE COPY OF THE INITIAL REPORT DATED 13.12.2021 FORWARDED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT.
EXT.P2 A TRUE COPY OF THE SEIURE MAHAZAR DATED 08.12.2021 PREPARED BY THE 5TH RESPONDENT.
EXT.P3 A TRUE COPY OF THE LETTER DATED 10.12.2021 SENT BY THE
3RD RESPONDENT TO THE 5TH RESPONDENT.
EXT.P4 A TRUE COPY OF THE LETTER DATED 10.12.2021 SENT BY THE
4TH RESPONDENT TO THE 5TH RESPONDENT.
EXT.P5(a) A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE NO.KL-48C5284 EXT.P5(b) A TREUC OPY OF THE VEHICLE INSURANCE POLICY DATED
30.10.21 OF VEHICLE NO.KL48C5284 EXT.P5(c) A TRUE COPY OF THE TAX RECEIPT AS PER FORM ETL DATED
01.04.2021 OF VEHICLE NO.KL48C5284 EXT.P5(d) A TRUE COPY OF THE GOODS CARRIAGE PERMIT ISSUED BY THE MOTOR VEHICLES DEPARTMENT DATED 29.08.2019 VEHICLE NO.KL4BC5284 EXT.P6(a) A TRUE COPY OF THE CRTIFICATE OF REGISTRATION OF THE VEHICLE NO.KL52E9924 EXT.P6(b) A TRUE COPY OF THE VEHICLE INSURANCE POLICY DATED
06.12.2021 OF VEHICLE NO.KL52E9924 EXT.P6(c) A TRUE COPY OF THE TAX RECEIPT AS PER FORM ETL DATED
06.12.2021 OF VEHICLE NO.KL52E9924 EXT.P6(d) A TRUE COPY OF THE GOODS CARRIAGE PERMIT MOTOR VEHICLES DEPARTMENT DATED 06.08.2021 OF VEHICLE NO.KL52E9924 EXT.P7 TRUE COPY OF THE AUTHORIZATION LETTER ISSUED BY THE ASST. ENGINEER, PWD ROADS SECTION, KUNNAMKULAM.
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