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2026 Supreme(Online)(Ker) 15093

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
VIJEESH – Appellant
Versus
THE VILLAGE OFFICER KUMBALAM VILLAGE – Respondent
WP(C) NO. 15072 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.P.M.ZIRAJ, SHRI.IRFAN ZIRAJ, SHRI. VISHNU P.S., SMT.NIMISHA ANTONY, SHRI.MOHAMMED SHEHIN.S.S, SHRI.BIPIN KRISHNAKUMAR, SHRI.ABHIJITH P.A.

Seizure of a vehicle owned by a third party under the Kerala Conservation of Paddy Land and Wetland Act, 2008 is unlawful.

Headnote:The judgment discusses the Kerala Conservation of Paddy Land and Wetland Act, 2008, focusing on the illegality of seizing a vehicle belonging to a third party under this Act as established in Venugopalan C. v. Tahsildar (Land Records) [2026 (1) KHC 1]. The Court allows the writ petition, affirming that such a seizure cannot occur without ownership linkage to the prohibited activities under the Act. The ruling is to allow the petition and dismiss the seizure action.

JUDGMENT

The petitioner has approached this Court challenging the seizure of the motor vehicle under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short ‘Act’).

2. A Division Bench of this Court in Venugopalan C. v.

Tahsildar (Land Records) [ 2026 (1) KHC 1 ] has found that no seizure can be effected under the afore provisions with respect to a vehicle owned by a third party, used for the activities prohibited under the Act.

In view of the afore, this writ petition would stand allowed.

Sd/-

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