Rajeesh P vs The Tahsildar
2021 Latest Caselaw 18162 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                        WP(C) NO. 17059 OF 2021
PETITIONER:

          RAJEESH P
          AGED 35 YEARS
          S/O. NARAYANAN A., ALTHARAKKAL HOUSE,
          ULLUR, HARIPURAM, KASARGOD-671 531.

          BY ADV K.I.SAGEER


RESPONDENTS:

    1     THE TAHSILDAR,
          HOSDURG TALUK, TALUK OFFICE, HOSDURG,
          KASARGOD DISTRICT-671 315.

    2     DISTRICT GEOLOGIST
          DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
          VIDYA NAGAR, KASARGOD-671 123.

    3     DISTRICT COLLECTOR
          KASARGODE DISTRICT, COLLECTORATE,
          KASARGODE-671 123.

          SRI. P.S.APPU, G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17059 OF 2021

                                        2


                                 JUDGMENT

This writ petition is filed seeking directions to the respondents to

release the JCB bearing registration No.KL60R7314, belonging to the petitioner

without insisting on any security. It is the contention of the petitioner that

the vehicle was seized on 31.07.2021 by the 1 st respondent, while it was

engaged in removing concrete waste and levelling the land in Re.Sy. No.418/2

of Pullur Village. It is submitted that the petitioner has submitted Ext.P2

application for compounding the offence and for release of the vehicle and

the same is liable to be considered in accordance with law.

2. The learned Government Pleader submits that in case the petitioner

approaches the 2nd respondent with Ext.P2, the same can be considered in

accordance with law.

3. There will, accordingly, be a direction to the 2 nd respondent to take up

Ext.P2 application preferred by the petitioner and to consider and pass orders

on the same, within one week from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 17059 OF 2021

APPENDIX OF WP(C) 17059/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION FORM 23 IN RESPECT OF JCB EARTH MOVING EQUIPMENT BEARING REG.NO. KL 60 R 7314

Exhibit P2 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 11.8.2021.

RESPONDENT'S/S EXHIBITS: NIL