IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 14667 OF 2022
PETITIONER:
RODCON CONTRACTING PVT LTD.
VELLOOR, MEVELLOOR P.O., KOTTAYAM,
MANAGING DIRECTOR, MUHAMMADALI M H, AGED 45,
S/O HAMZA, ALUMCHUVATTUVAIPEL HOUSE, VELLOOR,
MEVELLOOR P.O., KOTTAYAM-686609.
BY ADV PRAVEEN K. JOY
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
PATHANAMTHITTA, 2ND FLOOR, COLLECTORATE ROAD,
CHITTOOR, PATHANAMTHTITA 689 645.
2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
MG ROAD, PARASS LA, ADOOR, PATHANAMTHITTA-691523.
3 THE TAHSILDAR,
KONNI TALUK OFFICE, 2ND FLOOR, MINI CIVIL STATION,
CHANDANAPPALLI-KONNI ROAD, KONNI,
PATHANAMTHITTA-689691.
4 THE VILLAGE OFFICER,
KALANJOOR VILLAGE OFFICE,
KALANJOOR, PATHANAMTHITTA 689 694.
5 CIRCLE INSPECTOR,
KOODAL POLICE STATION,
KOODAL, PATHANAMTHITTA 689 693.
SMT.PRINCY XAVIER, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14667 OF 2022
2
JUDGMENT
Dated this the 20th day of May, 2022 This writ petition is filed seeking the following prayers:
"(A) To issue writ, order or direction in the nature of mandamus directing the 1st respondent to stop the further proceedings and thereby declare that proceedings initiated against property under Ext.P5 as illegal since it is 'purayidam land', in the interest of justice. (B) To issue appropriate writ, order or direction to the respondent No.1 to conclude the entire proceedings under Ext.P5 representation and also direct the respondents to release the vehicle seized and conclude the proceedings, within a time limit, in the interest of justice. (C) To issue directions to the respondent No.1 to take up respective application and pass orders and to grant such other reliefs as deemed fit and proper to release the vehicle No.KL 40 C 4407, without any conditions, in the interest of justice."
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. It is submitted by the learned counsel for the petitioner that the petitioner is the lessee in possession of a tipper bearing registration No.KL 40 C 4407 which has been seized from the premises alleging offences under the Kerala Conservation of Paddy Land and Wetland WP(C) NO. 14667 OF 2022 3 Act, 2008. It is submitted that the petitioner has approached the District Collector with Ext.P5 representation seeking release of the vehicle. The petitioner also relies on Exts.P1 to P4 documents to contend that the seizure was not proper or legal.
4. Having heard the learned Government Pleader also, I am of the opinion that it is for the District Collector to consider Ext.P5 representation submitted by the petitioner. Without expressing any view on the merits of the matter, there will be a direction to the 1 st respondent to take up Ext.P5 representation preferred by the petitioner and to consider and pass orders on the same, after hearing the petitioner as well and after considering his contentions, within a period of three weeks from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE NP WP(C) NO. 14667 OF 2022 4 APPENDIX OF WP(C) 14667/2022 PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE WORK ORDER DATED 18.01.2022 OF CHERIYAN VARKEY CONSTRUCTION COMPANY ISSUED TO PETITIONER.
Exhibit P2 THE TRUE COPY OF THE AGREEMENT DATED 27.01.2022 BETWEEN THE PETITIONER AND ROY JOHN AND JISHA.
Exhibit P3 THE TRUE COPY OF THE PROPERTY TAX RECEIPT OF KALANJOOR GRAMA PANCHAYATH DATED 25.03.2022. Exhibit P4 THE TRUE COPY OF THE PHOTOGRAPHS OF THE PROPERTY.
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION DATED 25.03.2022 SUBMITTED BEFORE THE IST RESPONDENT.
RESPONDENTS' EXHIBITS: NIL