Citation : 2021 Latest Caselaw 10097 Ker
Judgement Date : 25 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
WP(C).No.7747 OF 2021(P)
PETITIONER:
RASHEED N.V
AGED 43 YEARS
S/O. IMBICHI MUHAMMED, NELLOLI VEETTIL,
THURUTHIYAD P.O, BALUSSERY, KOZHIKODE-673 612
BY ADVS.
SRI.A.RAJASIMHAN
SHRI. AYYAPPADAS V
KUM.VYKHARI.K.U
RESPONDENTS:
1 DISTRICT COLLECTOR
CIVIL STATION P.O, KOZHIKODE-673 020
2 SPECIAL DEPUTY TAHASILDAR,
MINI CIVIL STATION, KOYILANDY P.O,
KOZHIKODE-673 305
BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
==================
W. P. (C) No.7747 of 2021
==================
Dated this the 25th day of March, 2021
JUDGMENT
Tipper lorry bearing registration No.KL-76A-
3313 was seized alleging violation of the
provisions of the Kerala Conservation of Paddy land
and Wetland Act, hereinafter referred to as "the
Act". The petitioner maintains that the offence
alleged has not been committed and that the
petitioner was transporting soil on the strength of
the transit pass issued by the Department of
Geology, a copy of which has been marked as Ext.P2.
2. The first respondent District Collector is
the authority in terms of Section 20 of the Act to
decide upon the issue.
3. Accordingly the writ petition is disposed of
directing the first respondent to hear the W. P. (C) No.7747 of 2021 :- 2 :-
petitioner and pass appropriate orders without
delay and at any rate 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 WP(C).No.7747 OF 2021(P)
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE BEARING NO. KL 76A 3313.
EXHIBIT P2 TRUE COPY OF THE TRANSIT PASS DATED 18.1.2021 ISSUED BY THE GEOLOGIST, GEOLOGY DEPARTMENT.
EXHIBIT P3 TRUE COPY OF THE MAHAZAR DATED 22.1.2021 ISSUED BY THE SPECIAL DEPUTY TAHASILDAR.
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