Manoharan K vs State Of Kerala
2021 Latest Caselaw 13441 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
     MONDAY, THE 28TH DAY OF JUNE 2021/7TH ASHADHA, 1943
                    WP(C) NO. 12753 OF 2021
PETITIONER:

          MANOHARAN K., S/O.ANANTHAN, PRARTHANA,
          KAVIYUR, CHOKLI, KANNUR.

          BY ADVS.
          I.DINESH MENON
          L.RAJESH NARAYAN
RESPONDENTS:

 1    STATE OF KERALA, REP. BY
      SECRETARY & AGRICULTURAL PRODUCTION
      COMMISSIONER, DEPARTMENT OF AGRICULTURE,
      SECRETARIAT, THIRUVANANTHAPURAM 695 001.

 2    THE DISTRICT COLLECTOR,
      COLLECTORATE, KANNUR 670 001.

 3    THE SUB COLLECTOR, THALASSERY,
      THALASSERY P.O., KANNUR 670 101.

 4    THE SUB INSPECTOR OF POLICE,
      NEW MAHE POLICE STATION,
      THALASSERY PIN 673 310.

 5    THE VILLAGE OFFICER, NEW MAHE VILLAGE,
      THALASSERY 673 310.

 6    THE AGRICULTURAL OFFICER,
      KRISHI BHAVAN, MAHE 673 310.

 7    P.K.RAGHAVAN MASTER,
      KARAYI PUTHENPURAYIL HOUSE,
      CHOCKLI P.O., CHOKLI 670 602.

      BY GOVERNMENT PLEADER SRI. MANU RAJ

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.12753/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 28th day of June, 2021

The petitioner, who is the registered owner of a Tata

Hitachi Earth Mover, is before this Court seeking to quash

Ext.P2 and to command the respondents to forthwith release

the vehicle.

2. The petitioner states that he owns a Tata Hitachi

Earth Mover bearing registration No.KL-58Z-5722. The 7 th

respondent required the Earth Mover to level his property as

the property was being filled with water. Access to the

property of the 7th respondent was blocked during floods. The

petitioner was entrusted with the work of levelling the property.

3. The petitioner states that the property in question

has coconut trees and other plantations and never appeared

to be a paddy land. There was no reason for the petitioner to

believe that levelling of that property would violate any WP(C) No.12753/2021

statutory provisions. The Earth Mover was required only to

maintain an existing pathway.

4. However, when the petitioner was carrying out the

work, the 4th respondent seized the vehicle on 09.06.2021

alleging violation of the Kerala Conservation of Paddy Land

and Wetland Act, 2008.

5. The petitioner would state that Ext.P3 tax receipt

would show that the land is not paddy land or wetland. Ext.P5

photographs would also show that the land is full of trees of

various kinds. In such circumstances, the petitioner cannot

be imposed with any liability since he was not having any

intention to convert the land. The petitioner therefore

submitted Ext.P4 request to the 3 rd respondent to get the

Earth Mover released. Ext.P4 was followed by Ext.P6 request

to the Village Officer requesting to conduct a spot inspection

regarding the nature of the property and forward a report to

the District Collector. The petitioner made a similar request to

the Agricultural Officer also, as per Ext.P7. Since the requests

made by the petitioner were not responded to, the petitioner WP(C) No.12753/2021

has filed this writ petition.

6. The learned Government Pleader would submit that

Ext.P2 seizure mahazar prima facie discloses an offence and

therefore the petitioner cannot as of right claim release of the

seized Earth Mover.

7. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

8. If the statements made by the petitioner are correct

and the land where levelling work was done is not a paddy

land or wetland, continued retention of the petitioner's Earth

Mover by the respondents would cause untold hardship to the

petitioner. Therefore, this Court finds it necessary to dispose

of the writ petition with the following directions:-

The 4th respondent-Sub Inspector of Police is

directed to forward a report with regard to the seizure of the

petitioner's Earth Mover to the District Collector within one

week along with supporting documents, if any. The District

Collector shall finalise the proceedings relating to the seizure WP(C) No.12753/2021

of the petitioner's Earth Mover within a further period of three

weeks.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH, JUDGE

aks/29.06.2021 WP(C) No.12753/2021

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION.

EXHIBIT P2 TRUE COPY OF THE SEIZURE MAHAZAR DATED 09.06.2021.

EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 03.08.2019.

EXHIBIT P4 TRUE COPY OF THE REQUEST DATED 11.06.2021.

EXHIBIT P5 FEW PHOTOGRAPHS OF THE PROPERTY.

EXHIBIT P6 TRUE COPY OF THE REQUEST TO VILLAGE OFFICER DT.18.06.2021.

EXHIBIT P7 TRUE COPY OF REQUEST TO AGRICULTURAL OFFICER DATED 18.06.2021.

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