Amjath.T vs Village Officer
2021 Latest Caselaw 18590 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                          WP(C) NO. 17579 OF 2021
PETITIONER:

              AMJATH.T.,
              AGED 43 YEARS
              S/O. ABDUL AZEEZ, SHREENA MANZIL, ONAKKUNNU , P.O.
              KARIVELLUR, KANNUR DISTRICT 670 521.

              BY ADV K.I.SAGEER



RESPONDENTS:

     1        VILLAGE OFFICER,
              CHEEMENI VILLAGE, VILLAGE OFFICE, CHEEMENI 671 313.

     2        TAHSILDAR,
              HOSDURG TALUK, TALUK OFFICE, HOSDURG 671 315.

     3        GEOLOGIST,
              DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
              DEPARTMENT OF MINING AND GEOLOGY, E BLOCK, 2ND FLOOR,
              CIVIL STATION, VIDYA NAGAR, KASARAGOD 671 123.

     4        REVENUE DIVISIONAL OFFICER,
              KASARAGOD , IST FLOOR, PORT OFFICE BUILDING, NEAR RAILWAY
              STATION, KASARAGOD 671 121.


OTHER PRESENT:

              SRI. P.S. APPU- G.P.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17579 OF 2021
                                        2

                                 JUDGMENT

This writ petition is filed seeking directions to the

respondents to release the JCB Earth Mover bearing Reg.No.KL-24

F-8757 to the petitioner. There is a further payer for a direction to

the 4th respondent to conclude the proceedings, if any, pursuant

to Ex.P2.

2. The learned counsel for the petitioner submits that the

petitioner's vehicle was seized by the 1 st respondent on

26.07.2021 on the ground that it was found to be illegally

removing sand. It is submitted that the 1 st respondent informed

the petitioner that the vehicle will be produced before the 4 th

respondent and that the petitioner can take appropriate steps, in

accordance with law. It is submitted that the petitioner had

approached the respondents and had submitted Ext.P3

application before the 3rd respondent for compounding the offence

and for release of the vehicle. However, it is submitted that

though the petitioner had approached all authorities, no action

has been taken thereon.

WP(C) NO. 17579 OF 2021

3. The learned Government Pleader submits, on

instructions, that the vehicle was seized on 26.07.2021 by the 1 st

respondent. On 09.08.2021, the report of the seizure and the

Mahazar had been forwarded by the Tahsildar to the RDO. It is

submitted that, thereafter, the files have been forwarded to the

District Collector on 16.08.2021. It is submitted that once the files

are forwarded to the 3rd respondent, the application preferred by

the petitioner shall be duly considered by the 3 rd respondent.

5. Having heard the learned counsel on both sides and in

view of the procedure provided in the Rules, I am of the opinion

that the files are liable to be forwarded to the 3 rd respondent and

the application preferred by the petitioner as Ext.P3 is liable to be

considered by the 3rd respondent without undue delay.

6. There will, accordingly, be a direction that the seizure

mahazar and the records relating to seizure of the petitioner's

vehicle shall be duly forwarded to the 3rd respondent without

further delay and that the 3rd respondent shall take up, consider

and pass orders on Ext.P3 application. The entire exercise shall be WP(C) NO. 17579 OF 2021

completed within a period of three weeks from the date of receipt

of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE bng/09.09.2021 WP(C) NO. 17579 OF 2021

APPENDIX OF WP(C) 17579/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RC PARTICULARS OF VEHICLE BEARING REG. NO. KL--24 F-8757.

Exhibit P2 A TRUE COPY OF THE MAHAZAR DATED 25.01.2021 PREPARED BY THE IST RESPONDENT DATED 26.07.2021.

Exhibit P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 18.08.2021.

Exhibit P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 18.08.2021.