Suseelan K vs The District Collector
2021 Latest Caselaw 4895 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

    WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                        WP(C).No.2297 OF 2021(J)


PETITIONER/S:

                SUSEELAN K,AGED 52 YEARS
                S/O.KUNJUPILLA, SREEKRISHNA
                KUMARAPURAM, ALAPPUZHA DISTRICT-690517.

                BY ADV. SRI.ARUN CHANDRAN

RESPONDENT/S:

      1         THE DISTRICT COLLECTOR,COLLECTORATE
                ALAPPUZHA DISTRICT, PIN CODE-688001.

      2         THE STATION HOUSE OFFICER,HARIPPAD POLICE STATION,
                HARIPPAD POST, ALAPPUZHA DISTRICT, PIN CODE-690514.


OTHER PRESENT:

                GP : SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2297 OF 2021(J)                  2




                                    JUDGMENT

The petitioner has approached this Court aggrieved by the seizure of a

vehicle belonging to him for alleged offences under the Kerala Conservation of

Paddy Land and Wet Land Act, 2008(for short 'the Act'). In the writ petition it is

the case of the petitioner that while the vehicle was seized by the 2 nd respondent,

the 2nd respondent has not forwarded the mahazar and report to the 1 st respondent

for consequential action by the latter.

2. Learned Government Pleader would submit, on instructions, that the

2nd respondent has in fact submitted a report before the 1 st respondent and the 1st

respondent has chosen to obtain a further report from the Village Officer since the

offences alleged against the petitioner are under the 2008 Act.

Taking note of the submissions of the learned Government Pleader, on

instructions, and finding that the report from the 2 nd respondent was obtained by

the 1st respondent as early as in December 2020, I dispose the writ petition by

directing the 1st respondent to take a decision in the matter within an outer time

limit of two weeks from the date of receipt of a copy of this judgment, after

hearing the petitioner. The petitioner shall produce a copy of the writ petition

together with a copy of this judgment before the 1 st respondent for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE KAYAMKULAM SUB- REGIONAL TRANSPORT OFFICE.

EXHIBIT P2 TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE HARIPAD POLICE DATED 30.11.2020.

EXHIBIT P3 TRUE COPY OF THE TRANSIT PASS ISSUED BY THE MINERAL REVENUE INSPECTOR, DEPARTMENT OF MINING AND GEOLOGY DATED 27.11.2020.

EXHIBIT P4 TRUE COPY OF THE PHOTOGRAPH OF THE VEHICLE PARKED AT THE POLICE STATION.

EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 19.01.2021 SUBMITTED TO THE 1ST RESPONDENT.

EXHIBIT P6 THE POSTAL RECEIPT EVIDENCING THE SUBMISSION OF THE APPLICATION.