Subilal B vs The District Collector
2021 Latest Caselaw 11360 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.9223 OF 2021(C)


PETITIONERS:

      1        SUBILAL B.
               AGED 27 YEARS
               S/O SUJATHA, THENGUVILA PADDETTATHIL
               SOUTH MYNAGAPPALLY, KOLLAM.

      2        ANAS ABDUL RAHIM, AGED 30 YEARS, S/O ABDUL RAHIM,
               KOTTAPURATH, THODIYOOR NORTH, KARUNAGAPPALLY.

               BY ADVS.
               SRI.R.SUNIL KUMAR
               SMT.A.SALINI LAL

RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               COLLECTORATE, KOLLAM PIN 691001.

      2        THE TAHSILDAR, TALUK OFFICE, KARUNAGAPPALLY,
               PIN 690518.

      3        THE VILLAGE OFFICER, VILLAGE OFFICE, KLAPPANA,
               PIN 690546.

      4        SUB INSPECTOR OF POLICE, POLICE STATION,
               OACHIRA - 690526.

               BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                 SATHISH NINAN, J.
       ==================
            W. P. (C) No.9223 of 2021
       ==================
        Dated this the 8th day of April, 2021

                    JUDGMENT

Tipper lorries bearing registration Nos.KL-25-

D-8852 and KL-35-B-5054 belong to the first and

second petitioners respectively. The lorries were

seized alleging contravention of the provisions of

the Kerala Conservation of Paddy land and Wetland

Act. The petitioners deny the allegation. It is

contended that the property in question, next to

which the vehicles were parked, alleged to have

been attempted to be converted, is not paddy land

and that the Act in question does not apply at all.

The petitioners rely on Ext.P4 declaration by the Agricultural Officer to the effect that the

property has not been included in the data bank

maintained under the Act. Be that as it may, the

first respondent being the competent authority in

terms of Section 20 of the Act, it is for the

petitioners to approach him and seek for

appropriate orders.

W. P. (C) No.9223 of 2021

2. Accordingly the writ petition is disposed of

directing the petitioners to approach the first

respondent with an application, who shall pass

appropriate orders after hearing the petitioners

and in the light of the materials placed before

him. The second respondent shall cause the records

with regard to the seizure, which bear file

No.125/2021 of Klappana village office dated

01.04.2021, forwarded to the first respondent

forthwith. The first respondent shall consider the

application of the petitioner within a period of

ten days from the date of its receipt.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C) No.9223/2021

APPENDIX PETITIONERS' EXTS:-

EXT.P1 COPY OF THE REGISTRATION CERTIFICATE OF KL-25-D-

8852.

EXT.P2 COPY OF THE REGISTRATION CERTIFICATE OF KL-35-B-

5054.

EXT.P3 COPY OF THE REPORT GIVEN BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 1/4/21.

EXT.P4 COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER DATED NIL.

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