Rajendra Prasad vs The District Collector
2021 Latest Caselaw 12737 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 4TH DAY OF JUNE 2021 / 14TH JYAISHTA, 1943
                          WP(C) NO. 11529 OF 2021
PETITIONER:

              RAJENDRA PRASAD
0




              AGED 35 YEARS
              S/O.RAMAKRISHNAN, ADHVAIDH HOUSE, AYANIVELIKULANGARA
              VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT.

              BY ADVS.
              SRI.S.SREEKUMAR (SR.)
              SRI.ARUN.B.VARGHESE
              SMT.AISWARYA V.S.



RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              DISTRICT COLLECTORATE, KOLLAM-691 001.

     2        THE REVENUE DIVISIONAL OFFICER,
              OFFICE OF THE REVENUE DIVISIONAL OFFICER, KOLLAM-691 001.

     3        THE THASILDAR (LAND RECORDS),
              TALUK OFFICE, KARUNAGAPALLY, KOLLAM-690 518.

     4        THE VILLAGE OFFICER,
              VILLAGE OFFICE, AADHINADU, KOLLAM-690 542.

              BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                  SATHISH NINAN, J.
         ==================
              W. P. (C) No.11529 of 2021
         ==================
          Dated this the 4th day of June, 2021

                           JUDGMENT

Mini excavator belonging to the petitioner was

seized alleging violation of the provisions of the

Kerala Conservation of Paddy land and Wetland Act,

2008. The petitioner seeks for release of the

vehicle.

2. According to the petitioner, the excavator

in question was not used for reclamation of paddy

land, and the premises from which the excavator was

seized is also not a paddy land; hence the

provisions of the Act is not attracted and the

vehicle is not liable to be confiscated, contends

the petitioner.

3. In terms of Section 20 of the Act, the first

respondent-District Collector is the authority to

determine on the issue. It is open for the

petitioner to raise all his contentions before the

first respondent. The files relating to the

incident, including the mahazar, shall be forwarded W. P. (C) No.11529 of 2021

to the first respondent forthwith, if not already

forwarded, and the first respondent shall exercise

his jurisdiction in terms of Section 20 of the Act

after hearing the petitioner and pass appropriate

orders. Let the proceedings be completed within a

period of one month from the date of receipt of a

copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 11529/2021

PETITIONER'S EXTS.

Exhibit P1 TRUE COPY OF THE SEIZURE MAHAZER DATED 11.04.2021 PREPARED BY THE SPECIAL VILLAGE OFFICER.

Exhibit P2 TRUE COPY OF THE REPORT DATED 15.04.2021 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE COMMUNICATION BEARING NO.H1-

4916/2021 DATED 19.04.2021 ISSUED BY THE 3RD RESPONDENT TO THE SUB COLLECTOR, KOLLAM.

Exhibit P4 TRUE COPY OF THE APPLICATION AND AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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