Sudheer Sukumaran vs District Collector
2021 Latest Caselaw 12805 Ker

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WP(C) 10509 of 2021


                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                      THE HONOURABLE MR.JUSTICE C.S.DIAS
         WEDNESDAY, THE 9TH DAY OF JUNE 2021 / 19TH JYAISHTA, 1943
                           WP(C) NO. 10509 OF 2021
PETITIONER/S:

             SUDHEER SUKUMARAN
             AGED 53 YEARS
             S/O.P. SUKUMARAN, RESIDING AT ASWATHY, NRA -E-39,
             CHERUVAIKAL, SREEKARIAM P.O. THIRUVANANTHAPURAM - 695 017.
             BY ADVS.
             S.MUHAMMED HANEEFF
             SRI.M.H.ASIF ALI
             SRI.T.SAILESH KUMAR
             SMT.SHAIMA VAHAB

RESPONDENT/S:

     1       DISTRICT COLLECTOR
             THIRUVANANTHAPURAM , COLLECTORATE, CIVIL STATION,
             KADAPPANAKUNNU, THIRUVANANTHAPURAM 695 043.
     2       DEPUTY COLLECTOR (L.R.),
             COLLECTORATE, CIVIL STATION,
             KADAPPANAKUNNU, THIRUVANANTHAPURAM 695 043.
     3       VILLAGE OFFICER,
             VILLAGE OFFICE, ATTIPRA VILLAGE, THIRUVANANTHAPURAM.
     4       SUPERINTENDING ENGINEER,
             ROADS DIVISION, PUBLIC WORKS DEPARTMENT, SOUTH CIRCLE,
             OFFICE OF THE SUPERINTENDING ENGINEER, PMG JUNCTION,
             THIRUVANANTHAPURAM 695 033.
     5       EXECUTIVE ENGINEER,
             ROADS DIVISION, PUBLIC WORKS DEPARTMENT, SOUTH CIRCLE,
             OFFICE OF THE EXECUTIVE ENGINEER, PMG JUNCTION,
             THIRUVANANTHAPURAM 695 033.
     6       STATE OF KERALA,
             REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT
             DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001
             SRI.PAUL ABRAHAM VAKKANAL- GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
   09.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) 10509 of 2021



                         C.S.DIAS, J.
              ======================
                    WP(C) 10509 of 2021
              ======================
             Dated this the 9th day of June, 2021.

                          JUDGMENT

The petitioner claims to be the owner in possession of

the properties covered by Ext P1 land tax receipt. He is

aggrieved by the seizure of his vehicles and other materials

by respondents 2 and 3 from his property without any

authority.

2. It is the case of the petitioner that he was carrying

out works that were allotted to him as per Ext P2 selection

notice issued by the fourth respondent. On an anonymous

complaint, on 4.1.2021, the respondents 2 and 3 seized the

vehicles belonging to the petitioner bearing registration

Nos KL-21C-9424, KL-21-K-6410, KL-22M-6028, KL-04AB-

5221 and KL-22N-9862 (Bob cat). The petitioner contends

that the seizure is illegal and unwarranted and flouting the

provisions of Sec.19 of the Code of Criminal Procedure,

WP(C) 10509 of 2021

1973 ( in short 'Code'). The respondents 2 and 3 have

seized the vehicles without the presence of any witness and

without preparing a seizure mahazar as contemplated

under the Code.

3. Aggrieved by the seizure of the vehicles and the

materials, the petitioner has preferred Ext P5

representation before the first respondent, but no action

has been taken on the same. The petitioner has again

submitted Ext P9 representation before the respondents 1

and 2 for the release of the vehicles and materials, but

there is inaction on the part of the said respondents. Hence

the petitioner seeks for a direction to the respondents 1 to 3

to release the aforesaid vehicles and other materials seized

from the petitioner's property .

4. Heard the learned counsel appearing for the

petitioner and the learned Government Pleader appearing

for the respondents.

5. The learned counsel appearing for the petitioner

WP(C) 10509 of 2021

contended that the entire procedure adopted by the

respondents is in contravention of the provisions of the

Code of Criminal Procedure and is therefore vitiated. The

respondents were bound to follow the procedure

contemplated under the Code. Moreover, the respondents

are bound to consider the representations submitted by the

petitioner.

6. Per contra, the learned Government Pleader

argued that as the vehicles were seized as they were found

violating the provisions of the Kerala Conservation of Paddy

Land and Wetland Act, 2008 ( in short 'Act') and therefore,

the respondents are empowered to enter and seize the

vehicles and materials as provided under Sec.19 of the Act.

Now the matter is pending consideration before the first

respondent, who has to finalise the proceedings as provided

under Sec.20 of the Act. The writ petition is devoid of any

merits and is only liable to be dismissed.

7. After considering the pleadings, materials on

WP(C) 10509 of 2021

record and the provisions of the Act, it is explicitly clear

that any Officer of the Revenue Department or an Officer

authorised by the Government has the power, inter alia, to

seize any vehicle or any other conveyance, which is used

for any activity in contravention of the provisions of the

Act. Therefore, the contention of the petitioner that the

entire proceedings is vitiated does not hold good. As the

vehicles and the materials were seized for the alleged

contravention of the Act, it is up to the first respondent,

based on the materials and the reports of the Revenue

Officials, to decide whether the vehicles and the materials

have to be confiscated as provided under Sec.20 of the Act.

8. Taking into account the fact that the vehicles and

materials were seized as early as on 4.1.2021, I direct the

first respondent to finalise the proceedings leading to the

seizure, as contemplated under the above Act and in

accordance with law, as expeditiously as possible and at any

rate within a period of six weeks from the date of

WP(C) 10509 of 2021

production of a copy of this judgment. The first respondent

shall advert to the contention raised in Exts P5, P8 and P9

representations submitted by the petitioner while taking a

decision in the matter.

The writ petition is ordered accordingly.

Sd/-

                                                 C.S.DIAS

sks/9.6.2021                                     JUDGE

WP(C) 10509 of 2021


                      APPENDIX OF WP(C) 10509/2021

PETITIONER ANNEXURE
EXHIBIT P1          A TRUE COPY OF THE LAND TAX RECEIPT DT.

13.05.2019 IN RESPECT OF THE PETITIONERS PROPERTY.

EXHIBIT P2 A TRUE COPY OF THE SELECTION NOTICE EARING NO. DB10/13653/2020 DT. 30.09.2020 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DT. 11.02.2021 IN WPC NO. 3516/2021 ON THE FILE OF THIS HONBLE COURT.

EXHIBIT P4 A TRUE COPY OF THE STOP MEMO DT. 04.01.2021 ISSUED TO THE PETITIONER BY THE OFFICE OF THE 3RD RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DT.

06.04.2021 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION BEARING NO. D5/1095/2020 DT. 04.02.2021 ISSUED BY THE 5TH RESPONDENT TO THE 1ST RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE NOTICE DT. 26.02.2021 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DT.

08.03.2021.

EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DT.

10.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2.