Kerala High Court
Suresh vs State Of Kerala on 28 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 18926 OF 2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 18926 OF 2018
PETITIONER/S:
1 SURESH
PUZHIKUNATHU VEEDU, KAPOOR P.O., PATTAMBI VILLAGE,
PALAKKAD DISTRICT.
2 ABUBACKER
THALAPPIL VEEDU, KAKKATTIL, ALANGODE P.O.,
MALAPPURAM DISTRICT.
BY ADVS.
SRI.K.B.ARUNKUMAR
SMT.AMBIKA NAIR
SRI.HARIDAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
AGRICULTURE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.
2 THE DISTRICT COLLECTOR
MALAPPURAM DISTRICT, PIN-676505.
3 THE REVENUE DIVISIONAL OFFICER
TIRUR, MALAPPURAM DISTRICT, PIN-676101.
4 THE SUB INSPECTOR OF POLICE
CHANGARAMKULAM POLICE STATION, CHANGARAMKULAM,
WP(C) NO. 18926 OF 2018 2
MALAPPURAM DISTRICT, PIN-679575.
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 18926 OF 2018 3
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 18926 of 2018
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Dated this the 28th day of June, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"i. Call for the records leading to Exhibits P10 and P13 and quash the same by issuing a writ of certiorari or any other appropriate order or direction.
ii. Such other order or direction deems fit and proper for this Hon'ble Court in facts and circumstances of the case."
[sic]
2. The writ petition under Article 226 of the Constitution of India is filed challenging Ext.P13 order passed by the District Court in CMA No. 5/2018. This Court in Aloysious C.Antony v. District Collector and others [2019 KHC 736] observed that the writ petition is not maintainable under Article 226 of the Constitution of India. In such WP(C) NO. 18926 OF 2018 4 circumstances, this writ petition is not maintainable. If there is any other alternative remedy, the same is left open.
With the above observation and granting liberty to the petitioner to avail alternative remedy, this writ petition is dismissed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 18926 OF 2018 5 APPENDIX OF WP(C) 18926/2018 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPIES OF THE REPORT DATED 19.04.2016 SUBMITTED BY THE 3RD RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE PETITION DATED 27.07.2016 SUBMITTED BEFORE THE 2ND RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE STATEMENT GIVEN BY THE COUNSEL FOR AND BEHALF ON THE 1ST PETITIONER.
EXHIBIT P4 THE TRUE COPY OF THE STATEMENT GIVEN BY THE COUNSEL FOR AND BEHALF ON THE 2ND PETITIONER.
EXHIBIT P5 THE TRUE COPY OF THE STATEMENT OF THE VILLAGE OFFICER.
EXHIBIT P6 THE TRUE COPY OF THE STATEMENT OF THE LAND OWNER.
EXHIBIT P7 THE TRUE COPY OF THE STATEMENT OF THE 4TH RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF THE SEIZURE MAHAZARS PREPARED BY THE 4TH RESPONDENT AT THE TIME OF SEIZURE OF THE AFORESAID VEHICLES. EXHIBIT P9 THE TRUE COPY OF THE SEIZURE MAHAZARS PREPARED BY THE 4TH RESPONDENT AT THE TIME OF SEIZURE OF THE AFORESAID VEHICLES. EXHIBIT P10 THE TRUE COPY OF THE ORDER DATED WP(C) NO. 18926 OF 2018 6 18.12.2017 PASSED BY THE 2ND RESPONDENT. EXHIBIT P11 THE TRUE COPY OF THE APPEAL MEMORANDUM NUMBERED AS C.M.A. NO.5/2018 ON THE FILE OF DISTRICT COURT, MANJERI.
EXHIBIT P12 THE TRUE COPY OF THE NOTARIZED AFFIDAVIT DATED 12.01.2018.
EXHIBIT P13 THE TRUE COPY OF THE ORDER DATED 05.04.2018 IN C.M.A. NO.5/2018 ON THE FILE OF ADDITIONAL DISTRICT COURT, MANJERI.