Lijohn.P.J vs The District Collector
2021 Latest Caselaw 19403 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                        WP(C) NO. 18543 OF 2021
PETITIONER:

          LIJOHN.P.J
          AGED 36 YEARS
          S/O.JOY, PALIYAKKARA HOUSE, THRIKKUR P.O.,
          THRISSUR-680 306

          BY ADVS.
          V.M.KRISHNAKUMAR
          P.R.REENA
          P.S.SIDHARTHAN
          MAYA M.



RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          COLLECTORATE, AYYANTHOLE, THRISSUR, PIN-680 003

    2     AGRICULTURAL OFFICER,
          KRISHI BHAVAN, OLLUKKARA, THRISSUR,PIN-680 655

    3     THE CIRCLE INSPECTOR OF POLICE,
          MANNUTHY POLICE STATION, MANNUTHY,
          THRISSUR DIST.PIN-680 651



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




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18543 OF 2021

                                    2


                               JUDGMENT

The petitioner has approached this Court seeking directions to the

respondents to consider Ext.P6 representation preferred by the

petitioner and to release the vehicle to the petitioner. It is submitted by

the learned counsel for the petitioner that his Torus Tipper lorry

bearing Registration No.KL 45 N 8222 had been seized by the 3 rd

respondent on 18.08.2021 and has been detained in the Police Station. It

is submitted that the petitioner came to know that it is on the allegation

that the vehicle was involved in violation of the provisions of Section 19

of the Kerala Conservation of Paddy Land and Wetland Act, 2008 that

the seizure had been made. It is submitted that the report has been

forwarded to the District Collector. The petitioner approached the

District Collector with Ext.P6 detailed representation pointing out that

he had unloaded ordinary earth in a nursery and that he had not been

involved in any violation of the provisions of the Kerala Conservation of

Paddy Land and Wetland Act, 2008.

2. I am of the opinion that since the seizure has been made on

18.08.2021 and since the report has been duly forwarded to the District

Collector on 24.08.2021 and the petitioner has approached the District WP(C) NO. 18543 OF 2021

Collector with Ext.P6 representation on 30.08.2021, the representation

preferred by the petitioner is to be considered by the District Collector.

Without expressing any view in the merits on the matter, there

will be a direction to the 1st respondent to take up and consider Ext.P6

representation preferred by the petitioner also while considering the

issue of confiscation of the vehicle. Appropriate orders shall be passed

on the request made by the petitioner in Ext.P6 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 SVP WP(C) NO. 18543 OF 2021

APPENDIX OF WP(C) 18543/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF REGISTRATION CERTIFICATE OF PETITIONERS VEHICLE KL 45 N 8222

Exhibit P2 TRUE COPY OF THE GOODS CARRIAGE PERMIT OF PETITIONERS VEHICLE DATED 09.12.2016

Exhibit P3 TRUE COPY OF THE PERMIT ISSUED BY THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY THRISSUR DATED 10.08.2021

Exhibit P4 TRUE COPY OF THE MINERAL TRANSIT PASS

N 8222 DATED 18.08.2021

Exhibit P5 PHOTOGRAPHS SHOWING THE ORDINARY EARTH DEPOSITED BY THE PETITIONER IN THE METALLED WAY ADJACENT TO THE GROW BAGS

Exhibit P6 TRUE COPY REPRESENTATION FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR DATED 30.08.2021