Biju P.M. vs The Village Officer
2021 Latest Caselaw 9111 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.6682 OF 2021(I)


PETITIONER/S:

                 BIJU P.M.,AGED 40 YEARS
                 VASANTHA NIVAS, MARATH THAZHAM,
                 VYDYARANGADI,RAMANATTUKARA
                 KOZHIKODE DISTRICT, PIN 673 633

                 BY ADV. SRI.GEORGEKUTTY MATHEW

RESPONDENT/S:

     1           THE VILLAGE OFFICER
                 RAMANATTUKARA,KOZHIKODE DISTRICT, PIN 673 633

     Addl.R2     THE DISTRICT COLLECTOR
                 COLLECTORATE, KOZHIKODE, PIN-673020

     ADDITIONAL 2ND RESPONDENT IS IMPLEADED AS PER THE ORDER DATED
18.03.2021 IN I.A.NO.1 OF 2021

                 GP: SRI.RAVIKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6682 OF 2021(I)              2



                               JUDGMENT

JCB Earth Moving vehicle bearing Registration No.KL-11-AZ-

3124 belonging to the petitioner, was seized on 16.01.2021

alleging contravention of the provisions of the Kerala

Conservation of Paddy Land and Wet Land Act, 2008. Relying on

Ext.P2 notification, the petitioner contends that, the property has

been excluded from the data bank as early as on 07.02.2020 and

therefore the provisions of the Act is not attracted. The vehicle is

liable to be released, is the claim.

The District Collector being the competent authority under

the Act, the 1st respondent shall forward the mahazar to the

District Collector - additional 2nd respondent, forthwith. The

petitioner is to move the additional 2 nd respondent seeking

release of the vehicle. The additional 2nd respondent shall

consider such request, in the light of the relevant documents

including Ext.P2 notification dated 07.02.2020 and pass

appropriate orders thereon. Let the order be passed within a

period of one month from today.

The writ petition is disposed of as above.

Sd/-

SATHISH NINAN JUDGE sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MAHAZAR DATED 16-1-2021

EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF NOTIFICATION DATED 07-02-2021 ISSUED BY THE RAMANATTUKARA MUNICIPALITY

EXHIBIT P3 TRUE COPY OF THE REPRESENTATIOND ATED 20-

01-2021 SUBMITTED BEFORE THE RESPONDENT.