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2026 Supreme(Online)(Ker) 14126

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
SR. SALI THOMAS – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent


Advocates:
For the Appellants/Petitioners: SRI.BABU S. NAIR, SHRI.P.DEEPAK (SR.)
For the Respondents: SMT.NIMA JACOB, GOVERNMENT PLEADER

JUDGMENT

The petitioner has approached this Court seeking a direction to the respondents to return/release the Excavators/Hitachis seized by the 3rd respondent as per Ext.P6 to petitioners 2 and 3, forthwith, without any further delay.

2. The 1st petitioner is the Mother Superior of Little Flower Convent, Chelakkara, Thrissur. The Convent is running an aided Higher Secondary School. Petitioners 2 and 3 are the owners of the Excavators/Hitachi. The contention of the petitioners is that the Advisory Committee of the National Service Scheme [NSS] of the School, in the meeting conducted on 21.12.2021, decided that through ‘Haritha’ project of the Government to make awareness and affinity towards agriculture among the students, to start agricultural operations in the paddy land owned by the Convent. Consequently, the Executive Committee of the PTA decided to start vegetable cultivation in the said land by Students Police Cadets [SPC] and NSS as evident from Ext.P2. Therefore, pursuant to the said decision, Ext.P3 request was made before the 3rd respondent-Village Officer for permission to use Hitachi for the cultivation activities and after getting permissions from respondents 2 and 3,

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