Jafar P.M vs The Deputy Tahsildar
2021 Latest Caselaw 23199 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
  WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
                        WP(C) NO. 26471 OF 2021
PETITIONER:

          JAFAR P.M
          AGED 38 YEARS
          S/O. IBRAHIM KOYA, VALLATHU HOUSE, MUZHIKKAL, CHELAVOOR
          P.O., KOZHIKODE-682030.
          BY ADVS.
          SUNIL KUMAR M.
          ANISH ANTONY ANATHAZHATH


RESPONDENTS:

    1     THE DEPUTY TAHSILDAR
          KOZHIKODE TALUK HQ, KOZHIKODE-673020.
    2     TAHSILDAR,
          KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN-673020.
    3     THE RDO,
          KOZHIKODE, COLLECTORATE, CIVIL STATION P.O., KOZHIKODE-
          673020.
    4     THE DISTRICT COLLECTOR, KOZHIKODE,
          KOZHIKODE COLLECTORATE, CIVIL STATION P.O., KOZHIKODE-
          673020.
    5     HAMZA SRAMBIKKAL,
          AGED 62 YEARS
          S/O. AHAMMEDKUTTY, SRAMBIKKAL HOUSE, THAZHATHEDATH,
          CHELAVOOR P.O., KOZHIKODE-673571.
    6     MUHAMMED SRAMBIKKAL,
          AGED 44 YEARS
          S/O. AHAMMEDKUTTY, OTTATHARA, KODOOR P.O., MALAPPURAM-
          673571.
    7     MASHHOOD ALI,
          AGED 45 YEARS
          S/O. ALI, MALOL HOUSE, CHELAVOOR P.O., MALAPPURAM-
          673571.
          APPU P.S. GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26471 OF 2021

                                            2




                                     JUDGMENT

Dated this the 24th day of November 2021

This Writ Petition is filed seeking the

following reliefs.

(I)To issue a writ of mandamus or any other appropriate writ , order or direction, to the 2nd respondent to pass on order releasing the earth moving equipment bearing registration number KL- 56-P-0268 to the petitioner being the registered owner.

(II)Issue a writ of mandamus or any other appropriate order or direction directing the 4th respondent not to proceed with the confiscation procedure.

2. Heard the learned Senior Counsel appearing for the petitioner and the learned Government Pleader appearing for respondents 1 to 4.

3. It is submitted by the learned Senior Counsel for

the petitioner that the petitioner's earth moving

equipment manufactured by JCB India Ltd. bearing

registration No.KL-56-P-0268 was seized by the 1st

respondent on 06.11.2021, alleging violation of the WP(C).No.26471 OF 2021

Kerala Conservation of Paddy Land and Wetland Act,

2008. The learned Senior Counsel for the petitioner

submits that the seizure was specifically from an un-

notified land and an application under Section 27A is

pending consideration before the competent authorities.

Learned Senior Counsel submits that Exhibit P9

representation has been submitted before the 1st

respondent and it was without considering the same that

the confiscation proceedings are being proceeded with.

4. The learned Government Pleader submits that

going by the pleadings of the petitioner, the confiscation

proceedings are being taken by the 4th respondent and

therefore, in case the petitioner approaches the 4th

respondent with his objections, the same will be

considered with notice to the petitioner as well.

The writ petition is therefore disposed of with

the following directions:-

In case the petitioner approaches the 4th

respondent with a representation pointing out his WP(C).No.26471 OF 2021

objections to the confiscation of the vehicle, the same

shall be taken up, considered and orders passed thereon

after issuing notice to the petitioner and any other

affected parties and after hearing them through any

appropriate means, including video conferencing, within a

period of one month from the date on which such

representation is submitted. It is made clear that orders

of confiscation, if not already passed, shall not be passed

by the 4th respondent without considering the objections

to be preferred by the petitioner as stated above.

Sd/-

ANU SIVARAMAN JUDGE SSK/24/11 WP(C).No.26471 OF 2021

APPENDIX

PETITIONERS' EXHIBITS:

TRUE COPY OF REGISTRATION CERTIFICATE OF EARTH Exhibit P1 MOVING EQUIPMENT BEARING REG. NO.KL-56-P-0268. TRUE COPY OF INSURANCE ISSUED FOR EARTH MOVING Exhibit P2 EQUIPMENT BEARING REG. NO.KL-56-P-0268. Exhibit P3 TRUE COPY OF LICENSE AGREEMENT DATED 25.3.2021.

TRUE COPY OF SEIZURE MAHAZAR DATED 6.11.2021 BY Exhibit P4 DEPUTY TAHSILDAR, KOZHIKODE TALUK HQ. Exhibit P5 TRUE COPY OF LLMC ORDER DATED 14.10.2019.

TRUE COPY OF THE SUB COLLECTORS ORDER DATED Exhibit P6 25.8.2020 ISSUED TO R5 & R6.

TRUE COPY OF APPLICATION DATED 8.11.2021 Exhibit P7 SUBMITTED BY THE R5 & R6 BEFORE R2. Exhibit P8 TRUE COPY OF GEOLOGY LICENSE ISSUED TO R7.

TRUE COPY OF APPLICATION DATED 15.11.2021 Exhibit P9 SUBMITTED BY THE PETITIONER BEFORE R1.

RESPONDENTS' EXHIBITS:          NIL



  SSK                           //TRUE COPY//          PA TO JUDGE