Mohammed Ashraf vs The District Collector
2021 Latest Caselaw 9083 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                       WP(C).No.6978 OF 2021(V)

PETITIONERS:

      1        MOHAMMED ASHRAF, AGED 49 YEARS
               C/O ALI NADUVATH, RESIDING AT NADUVATH HOUSE,
               IRINGAVOOR P.O, CHERIYAMUNDAM, TIRUR, MALAPPURAM
               DISTRICT, PIN-676103.

      2        VENUGOPAL .K,AGED 37 YEARS
               S/O UNEERIKUTTY K,RESIDING AT KOLARATTIL,
               IRINGAVOOR P.O, CHERIVAMUNDAM, TIRUR, MALAPPURAM
               DISTRICT, PIN-676103.

               BY ADV. SRI.P.T.SHEEJISH

RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               COLLECTORATE, UP HILL, MALAPPURAM,
               MALAPPURAM DISTRICT,PIN-676505.

      2        THE REVENUE DIVISIONAL OFFICER,
               CIVIL STATION BUILDING, CIVIL STATION, TIRUR,
               MALAPPURAM DISTRICT, PIN-676101.

      3        THE THAHSILDAR,TALUK OFFICE TIRUR,
               OFFICE AT MINI CIVIL STATION, TIRUR, MALAPPURAM
               DISTRICT, PIN-676101.

      4        THE GEOLOGIST,DEPARTMENT OF MINING AND GEOLOGY,
               CIVIL STATION, TIRUR, MALAPPURAM DISTRICT,
               PIN-676101.

      5        ABDURAHIMAN,KAKKATTERY HOUSE, AREEKODE, TANALUR
               P.O, MALAPPURAM DISTRICT, PIN-676307.


               BY GOVT. PLEADER SRI. RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      Sathish Ninan, J.
              ==============================
                  W.P.(C) No.6978 of 2021
                ==========================
          Dated this the 18th day of March, 2021

                        JUDGMENT

Tipper lorry bearing registration number KL 55 H

1786, of which the second petitioner is the registered

owner, was seized alleging user in violation of the

provisions of the Kerala Conservation of Paddy Land and

Wetland Act. The petitioners seek for a direction to

the respondents to compound the offence.

As pointed out the learned Government Pleader,

there is no provision in the Act for compounding an

offence under the Act. The contention of the petitioner

against the confiscation of the vehicle is to be urged

by him before the District Collector-first respondent

in terms of Section 20 of the Act. Without prejudice

to the said rights, the writ petition is closed.

                           Sd/-    Sathish Ninan, Judge

vdv
                        APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1         THE TRUE PHOTOCOPY OF THE CERTIFICATE

OF REGISTRATION OF THE TIPPER LORRY BEARING REGISTRATION NO.KL-55-H-1786.

EXHIBIT P2 THE TRUE COPY OF THE GOODS CARRIAGE PERMIT ISSUED TO THE 2ND PETITIONER.

EXHIBIT P3 THE TRUE COPY OF THE SALE AGREEMENT DATED 24.02.2020.

EXHIBIT P4 THE TRUE COPY OF THE SEIZURE MAHAZAR DATED 26.11.2020 PREPARED BY THE 4TH RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT POLICE CHIEF, MALAPPURAM.

EXHIBIT P6 THE TRUE COPY OF THE COMMUNICATION DATED 01.03.2021 ISSUED TO THE 2ND RESPONDENT BY THE 2ND RESPONDENT.