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2026 Supreme(Online)(Ker) 7526

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
EBY T SAMUEL – Appellant
Versus
DISTRICT COLLECTOR – Respondent


Advocates:
For the Appellants/Petitioners: SRI.BINU PAUL
For the Respondents: SMT. VIDYA KURIAKOSE, SR.GP

Table of Content
1. petitioner's vehicle seizure is under dispute. (Para 1 , 2)
2. government's response lacks clarity on property status. (Para 3 , 4 , 5)
3. court examines statutory provisions and discretion in confiscation. (Para 6 , 7)

JUDGMENT

This writ petition is filed seeking the following reliefs:

“(i) a writ of mandamus or any other appropriate writ, order, or direction commanding the respondents to release the vehicle bearing Registration No. KL-24-D-8644 to the petitioner within a time stipulated by this Hon’ble Court;

(ii) a declaration that the seizure of the vehicle owned by the petitioner is illegal, arbitrary, and without authority of law;

(iii) to dispense with the requirement of filing translations of vernacular documents produced as Exhibits in this Writ Petition; and (iv) to issue any other writ, order, or direction that this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”[SIC]

2. The petitioner is the owner of a tipper lorry bearing Registration No. KL-24-D-8644. On 06.01.2026, the said vehicle was seized by the 4th respondent on the apprehension that it was allegedly used for transporting sand/red earth for reclaiming paddy land in

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