Bijimol Nebu vs District Collector
2021 Latest Caselaw 8560 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SATHISH NINAN

     MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                        WP(C).No.6577 OF 2021(V)


PETITIONER/S:

                BIJIMOL NEBU,AGED 46 YEARS
                W/O.K.A.NEBU, KAVALAPARAMBU HOUSE
                KONTHURUTHY, THEVARA P.O., KOCHI-682013.

                BY ADVS.
                SRI.A.BALAGOPALAN
                SRI.A.RAJAGOPALAN
                SRI.M.N.MANMADAN
                SRI.M.S.IMTHIYAZ AHAMMED
                SMT.P.SEENA

RESPONDENT/S:

      1         DISTRICT COLLECTOR
                ERNAKULAM COLLECTORATE, KAKKANAD, KOCHI-682030.

      2         DEPUTY COLLECTOR (L.R),
                ERNAKULAM COLLECTORATE, KAKKANAD, KOCHI-682030.

      3         VILLAGE OFFICER,
                CHERANELLOR VILLAGE, VILLAGE OFFICE, CHITTOOR ROAD,
                SOUTH CHITTOOR-682027.

      4         SUB INSPECTOR OF POLICE,
                CHERANELLOOR POLICE STATION, CHERANELLOOR, KOCHI-
                682034.

                GP.SRI.PAUL ABRAHAM VAKKANAL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6577 OF 2021(V)              2



                                JUDGMENT

Alleging violation of the provisions of the Kerala

Conservation of Paddy Land and Wet Land Act, 2008, the tipper

lorry bearing Registration No.KL-41-D-9863 owned by the

petitioner was seized by the 4th respondent. Ext.P4 is the notice

issued by the 1st respondent calling upon the petitioner for a

hearing. Ext.P5 is the explanation dated 24.02.2021 submitted

by the petitioner in relation to the same. It is noticed that Ext.P5

has been submitted by the petitioner before the 2 nd respondent.

The 1st respondent being the authority under the Statute, the 2 nd

respondent shall forward Ext.P5 to to the 1 st respondent. The 1st

respondent shall consider Ext.P5 and pass appropriate orders

after affording an opportunity of hearing to the petitioner. Let

the needful be done within a period of two weeks from the date

of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

SATHISH NINAN JUDGE sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE

D 9863.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF INSURANCE DATED 06.03.2020 OF THE VEHICLE ISSUED BY NEW INDIA ASSURANCE CO.LTD.

EXHIBIT P3 TRUE COPY OF THE WORK ORDER BEARING NO.KHB/KMRLWM/PO/73936/2020-21 DATED 02.12.2020.

EXHIBIT P4 THE TRUE COPY OF THE NOTICE BEARING NO.DCEKM/10796/2020/L10 DATED 19.02.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE STATEMENT OF OBJECTION DATED 24.02.2021 SUBMITTED BY THE PETITIONER'S HUSBAND.