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2026 Supreme(Online)(Ker) 17580

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


Advocates:
For the Appellants/Petitioners: SRI.BABU S. NAIR, SMT.SMITHA BABU
For the Respondents: SMT.VIDYA KURIAKOSE, SR.GP

Table of Content
1. filing of writ petition and prayer for mandamus. (Para 1 , 2)
2. arguments from both sides regarding legality of seizure. (Para 3 , 4)
3. court's observation on statutory discretion and conditions for release. (Para 5 , 6)

JUDGMENT

The above writ petition is filed with following prayers :

i) “Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents to release/return the Excavator seized by the 3rd respondent unconditionally to the petitioner, forthwith;

ii) Declare that the seizure of the excavator owned by the petitioner as per Exhibit P2 mahzar by the 2nd respondent is perse illegal;

iii) Dispense with the filing of English translation of Vernacular documents;

iv) Grant such other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case “ [sic]

2. On 05.02.2026, the excavator owned by the petitioner was hired for the purpose of making platforms for the cultivation of bananas and plantains in the property of Smt. Mani w/o Vijayan is the submission. The 3rd respondent herein came and seized the vehicle stating that the properties are included in the Data Bank and the work done by the petitioner

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