Raghesh vs The Sub Inspector Of Police
2021 Latest Caselaw 9684 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                       WP(C).No.7438 OF 2021(D)


PETITIONER:

               RAGHESH
               AGED 32 YEARS
               S/O RADHAKRISHNAN, NELLISSERY HOUSE, THRIKKOOR
               P.O., KALLOOR VILLAGE, MUKUNDAPURAM TALUK,
               THRISSUR DISTRICT (OWNER OF A TIPPER LORRY BEARING
               REGISTRATION NUMBER KL-55-H-6337)

               BY ADV. SRI.P.M.ZIRAJ

RESPONDENTS:

      1        THE SUB INSPECTOR OF POLICE
               PEECHI POLICE STATION, PATTIKAD, THRISSUR CITY,
               THRISSUR DISTRICT, PIN-680 653.

      2        THE REVENUE DIVISIONAL OFFICER,
               1ST FLOOR, CIVIL STATION, CIVIL LINES ROAD,
               AYYANTHOLE, THRISSUR, PIN-680 003.

      3        THE VILLAGE OFFICER,
               PEECHI VILLAGE, PANACHERY, THRISSUR, PIN-680 652.

      4        THE DISTRICT GEOLOGIST,
               DISTRICT OFFICE MINING AND GEOLOGY, CHEMBUKKAV,
               THRISSUR, PIN-680 020.

      5        THE DISTRICT COLLECTOR,
               CIVIL STATION, COLLECTORATE, THRISSUR DISTRICT,
               PIN-680 003.

               BY GOVT. PLEADER SRI.RAVI KRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
            ==================
                 W. P. (C) No.7438 of 2021
            ==================
            Dated this the 23rd day of March, 2021

                              JUDGMENT

Vehicle of the petitioner bearing registration

No.KL-55-H-6337 was seized alleging violation of the provisions of the Kerala Conservation of Paddy

Land and Wetland Act (hereinafter referred to as

"the Act"). According to the petitioner, no offence

under the Act is attracted since the land in

question is an unnotified land under the Data Bank

maintained under the Act. The seizure is illegal

alleges the petitioner.

2. In terms of Section 20 of the Act, the 5 th

respondent District Collector is the authority

competent to adjudicate upon the issue.

3. Accordingly the writ petition is disposed of

directing the second respondent to forward the

relevant records including the seizure mahazar to

the 5th respondent forthwith. The petitioner may

approach the 5th respondent with his objections and

the 5th respondent shall consider the same and pass W. P. (C) No.7438 of 2021

appropriate orders thereon as expeditiously as

possible and at any rate within a period of one

month from the date of its receipt.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.7438 OF 2021(D)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OF THE PETITIONER BEARING REGISTRATION NO KL-55-H-6337.

EXHIBIT P2 TRUE COPY OF THE MAHAZAR IN CONNECTION WITH THE SEIZURE OF THE VEHICLE OF THE PETITIONER DATED 3.3.2021 PREPARED BY THE 1ST RESPONDENT

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 3.3.2021 SEEKING REPORT SEND TO THE 3RD RESPONDENT BY THE FIRST RESPONDENT

EXHIBIT P4 TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED NIL

EXHIBIT P5 TRUE COPY OF THE REPORT DATED 3.3.2021 SUBMITTED TO THE 4TH RESPONDENT

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 8.3.2021 OF THE SR. GEOLOGIST.

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