Jaganathan vs State Of Kerala
2021 Latest Caselaw 5774 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                       WP(C).No.4029 OF 2021(C)


PETITIONER:

               JAGANATHAN
               AGED 62 YEARS
               S.O GOALAKRISHNAN,RESIDING AT
               SREE RAGAM,THAZHUTHALA,
               UMAYANALLOOR.P.O, KOLLAM-691589.

               BY ADVS.
               SRI.C.RAJENDRAN
               SRI.B.K.GOPALAKRISHNAN
               SRI.B.N.HASKAR

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS CHIEF SECRETARY,
               GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

      2        THE DISTRICT COLLECTOR,
               COLLECTORATE,KOLLAM-690515.

      3        TAHSILDAR,
               KARANAGAPPALLY TALUK,KOLLAM-690515.

      4        THE VILLAGE OFFICER,
               CHAVARA,KOLLAM-691583.

      5        SATHEESHKUMAR,
               MAKAYIRAM(MAMMOOTTIL),PALLIPURAYIDAM,
               NEENDAKARA.P.O, KOLLAM-691582.

      6        SMT.SINDU,
               MAKAYIRAM(MAMMOTTIL),PALLIPURAYIDAM,NEENDAKARA.PO,
               KOLLAM-691582.

               GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
          ==================
                W. P. (C) No.4029 of 2021
          ==================
         Dated this the 17th day of February, 2021

                             JUDGMENT

Tipper lorries bearing registration No.KL-02-

AL-7641 and KL-02-AL-3603 belonging to the

petitioner, were seized under Section 19 of the

Kerala Conservation of Paddy land and Wetland Act

2008 for user of the vehicle allegedly in

contravention of the provisions of the Act. The

petitioner denies such user. He claims that the

transport was under due permit from the Panchayat

and seeks for release of the vehicles.

2. The remedy of the petitioner is before the

District Collector under Section 20 of the Act. On

the petitioner approaching the second respondent

seeking release of the vehicle, he shall consider W. P. (C) No.4029 of 2021

the same in accordance with law and pass

appropriate orders thereon within two weeks from

the date of receipt of a copy of this judgment. In

order to enable the above, the third respondent

shall have the report forwarded to the second

respondent forthwith.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.4029 OF 2021(C)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE PHOTOCOPY OF REGISTRATION CERTIFICATE NO.KL-02-AL-7641

EXHIBIT P1(A) A TRUE PHOTOCOPY OF GOODS CARRIAGE PERMIT DATED 5/10/2017 OF VEHICLE NO.KL -02-AL-

EXHIBIT P1(B) A TRUE PHOTOCOPY OF THE MOTOR INSURANCE POLICY OF VEHICLE NO.KL-02-AL-7641

EXHIBIT P2 A TRUE PHOTOCOPY OF THE REGISTRATION CERTIFICATE NO.KL-02-AL-3603

EXHIBIT P2(A) A TRUE PHOTOCOPY OF GOODS CARRIAGE PERMIT DATED 27/7/2016 OF KL-02-AL-3603

EXHIBIT P2(B) A TRUE PHOTOCOPY OF THE MOTOR INSURANCE POLICY OF VEHICLE NO.KL-02-AL-3603

EXHIBIT P3 A TRUE PHOTOCOPY OF SEIZURE MAHAZAR DATED 9.1.2021 PREPARED BY THE VILLAGE OFFICER

EXHIBIT P4 A TRUE COPY OF SITE APPROVAL AND BUILDING PERMIT ISSUED BY THE NEENDAKARA GRAMA PANCHAYATH VIDE ITS PERMIT DATED 22.10.2020

EXHIBIT P5 A TRUE PHOTOCOPY OF TAX RECEIPT IN RESPECT OF THE LAND OWNED BY THE RESPONDENT NO.5 AND 6 DATED 11.8.2020 ISSUED BY THE VILLAGE OFFICER,NEENDAKARA.

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