Kalyani vs State Of Kerala
2021 Latest Caselaw 22944 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                        WP(C) NO. 24121 OF 2021
PETITIONERS:
     1     KALYANI
           AGED 77 YEARS
           W/O LATE RAJAN,
           VARAVATTOOR HOUSE,
           S N NAGAR, MULLOORKARA POST,
           THRISSUR DISTRICT, PIN-680583.

    2     AJITH KUMAR
          AGED 53 YEARS
          S/O VIJAYAN N.A.,
          5/231, NEERTHATTIL HOUSE, POST PALUVAI, THYKKAD,
          THRISSUR DISTRICT, PIN-680522.

          BY ADV T.M.RAMAN KARTHA



RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
           GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695001.

    2     DISTRICT COLLECTOR
          THRISSUR, CIVIL STATION, THRISSUR, PIN-680003.

    3     TAHSILDAR (LAND RECORDS)
          TALUK OFFICE, THRISSUR, PIN-68003.

    4     VILLAGE OFFICER
          MULLOORKARA VILLAGE, THRISUR, PIN-680001.

    5     MULLOORKARA GRAMA PANCHAYAT
          REPRESENTED BY THE SECRETARY, MULLOORKARA,
          THRISSUR, PIN-680001.



          APPU.P.S-GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24121 OF 2021                    2


                                    JUDGMENT

This writ petition is filed seeking the following reliefs:

"i Issue a writ of certiorari calling for the records leading to Ext.P5, P6 and P7 and quash the same;

ii Issue a writ of Mandamus or an order in its nature, directing the 2nd respondent to release unconditionally the Excavator bearing registration No.KL-46 F 6442 to the 2 nd petitioner forthwith;

iii Direct the 1st respondent to compensate the 2nd petitioner for the loss he has sustained on account of the illegal seizure and retention of his Excavator by the respondents;."

2. Heard the learned counsel for the petitioners and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioners that an

excavator belonging to the 2nd petitioner bearing Registration No.KL- 46 F

6442 had been seized from a property belonging to the 1 st petitioner. It is

submitted that the coconut trees which had become old, unyielding and

infected were being removed from the property in question. It is submitted

that the property is not nilam and that there was no occasion for the

respondents to initiate confiscation proceedings against the vehicle. The

learned counsel for the petitioners submit that a reading of Ext.P7 would

show that it is not a final order of confiscation and that the final orders can

be passed only after ascertaining the nature of the property. The learned

counsel for the petitioners submit that after Ext.P7 proceedings dated

10.06.2019, no final orders had been rendered after considering the report of

the KSREC and verifying whether the property is paddy land or wet land or

not.

4. The learned Government Pleader submits that further steps for

finalisation of the proceedings are liable to be taken in accordance with law,

in case final orders have not been passed pursuant to Ext.P7.

There will, accordingly, be a direction to the 2 nd respondent to finalise

the proceedings with regard to confiscation of the excavator, after obtaining

all due reports and verifying whether the property was paddy land or wet

land and whether there has been any violation of the provisions of the 2008

Act. Appropriate final orders shall be passed on Ext.P7, if they have not

already been passed, within a period of two months from the date of receipt

of a copy of this judgment, after putting the petitioners on notice and after

hearing them as well, through any appropriate means, including video

conferencing.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX OF WP(C) 24121/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DATA BAKN OF MULLOORKARA GRAMA PANCHAYAT PUBLISHED BY NOTIFICATION DATED 24.03.2012.

Exhibit P2 TRUE COPY OF THE ERRATUM NOTIFICATION PUBLISHED BY MULLOORKARA GRAMA PANCHAYAT IN THE KERALA GAZETTE EXTRAORDINARY DATED 22.01.2021.

Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED 22.09.2020 ISSUED BY THE 4TH RESPONDENT CORRECTING THE SURVEY NUMBER OF THE PROPERTY OF THE 1ST PETITIONER.

Exhibit P4 TRUE PHOTOGRAPHS SHOWING THAT THE PROPERTY OF THE 1ST PETITIONER IS GARDEN LAND.

Exhibit P5 TRUE COPY OF STOP MEMO DATED 27.09.2018 ISSUED BY THE 4TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE REPORT DATED 5.10.2018 ISSUED BY THE 3RD RESPONDENT TO THE SUB COLLECTOR, THRISSUR.

Exhibit P7 TRUE COPY OF THE ORDER NO.B6-8663/2018 DATED 10.06.2019 PASSED BY THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE JOINT REPRESENTATION DATED 20.02.2021 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT (WITH COPIES TO THE OTHER RESPONDENTS).