Ganeshan vs The District Collector
2021 Latest Caselaw 9687 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.7403 OF 2021(A)


PETITIONER:

      1        GANESHAN
               AGED 60 YEARS
               S/O.KUMARAN, MANJERI HOUSE, KAIPARAMBU P.O.,
               KAIPARAMBU VILLAGE, THRISSUR TALUK, THRISSUR
               DISTRICT (OWNER OF JCB EXCAVATOR BEARING
               REGISTRATION NO.KL-08-AP-7110)

      2        M. K. SOJAN, S/O KUMARAN, AGED 65 YEARS, MANJERI
               HOUSE, KAIPARAMBU PO., KAIPARAMBU VILLAGE, THRISSUR
               TALUK, THRISSUR DISTRICT (OWNER OF LORRY BEARING
               REGISTRATION NO.KL-08-AP-7110)

               BY ADV. SRI.P.M.ZIRAJ

RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               CIVIL STATION, COLLECTORATE,
               THRISSUR DISTRICT 680003.

      2        THE REVENUE DIVISIONAL OFFICER
               THRISSUR, THRISSUR DISTRICT 680 001

      3        THE INSPECTOR OF POLICE
               CHAVAKKAD POLICE STATION, THRISSUR DISTRICT 680 506

      4        THE VILLAGE OFFICER
               MANATHALA VILLAGE, THRISSUR DISTRICT 680 516

               BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL

     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.7403 of 2021
            ==================
            Dated this the 23rd day of March, 2021

                               JUDGMENT

Vehicles belonging to the petitioners bearing

registration No.KL-08-AP-2436 and KL-08-AP-7110 were seized under the provisions of the Kerala

Conservation of Paddy land and Wetland Act 2008

alleging violation of the provisions of the Act.

The first respondent District Collector, in the

proceedings under Section 20 of the Act, ordered

confiscation. Challenging the said order, the

petitioners approached the District Court. The

appeals were allowed, the order of confiscation was

set aside, and the matter was remitted back for

fresh disposal.

2. Pending proceedings before the first

respondent after remand, the vehicles were got

released on interim custody as per order dated

10.12.2018. The proceedings are yet to be

finalised, in spite of the directions of the

District Court that the same be finalised within a W. P. (C) No.7403 of 2021

period of three months.

Without expressing anything on the merits, the

writ petition is disposed of directing the first

respondent to finalise the proceedings in question

within a period of three months from the date of

receipt of a copy of this judgment. Needless to say

that the petitioners shall be afforded an

opportunity of hearing.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.7403 OF 2021(A)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 23.5.2017 IN CMA NO.92/2015 ON THE FILE OF THE DISTRICT JUDGE, THRISSUR.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 17.9.2018 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER OF FIRST RESPONDENT DATED 10.12.2018

EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT DATED 2.3.2019

-----