Bijumon K. V vs The District Collector, ...
2021 Latest Caselaw 19609 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                        WP(C) NO. 19372 OF 2021
PETITIONER:

          BIJUMON K. V.
          AGED 35 YEARS
          S/O. K. BALAN, KARIMBUVALAPPIL HOUSE, HARIPURAM P. O.,
          ANANDASRAMAM VIA, KASARGODE DISTRICT.

          BY ADV K.I.SAGEER



RESPONDENTS:

    1     THE DISTRICT COLLECTOR, KASARGODE DISTRICT
          CIVIL STATION, VIDYANAGAR, KASARGODE - 671 123.

    2     REVENUE DIVISIONAL OFFICER, KANHANGAD
          OFFICE OF THE RDO, HOSDURG, KANHANGAD - 671 315.

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

    4     VILLAGE OFFICER
          BALLA VILLAGE, VILLAGE OFFICE, BALLA,
          KASARAGOD - 671 315.



          SMT. SURYA BINOY. B. SR. G.P.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19372 OF 2021

                                         2


                                 JUDGMENT

This writ petition is filed seeking the following relief:

"issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to release MGV tipper bearing Reg. No. KL-58 V 7773 to the petitioner expeditiously without imposing any conditions."

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

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is the registered owner of an MGV Tipper vehicle bearing

Registration Number KL-58 V 7773. The vehicle had been apprehended

and seized by the 4th respondent on 02.06.2021 on the allegation that it

was illegally transporting sand. It is submitted that the petitioner had

preferred Ext.P3 representation for release of the vehicle to his custody

after compounding the offence. However, no orders are passed thereon

and the vehicle is retained in the Taluk office premises and is exposed to

the elements.

4. The learned Government Pleader submits, on instructions, that

the vehicle was seized and Ext.P2 mahazar was prepared and the records WP(C) NO. 19372 OF 2021

of the seizure were forwarded to the Taluk office and from there to the

2nd respondent's office. It is submitted that Ext.P3 request had been

received by the 3rd respondent only recently.

5. The learned counsel for the petitioner submits that the records

of the seizure have to be forwarded to the 3 rd respondent so that the

request made by the petitioner in Ext.P3 can be considered.

After considering the contentions advanced, there will be a

direction to the 2nd respondent to forward the records relating seizure of

the petitioner's vehicle to the 3rd respondent, who shall thereupon take

up Ext.P3 application preferred by the petitioner and consider and pass

orders on the same within a period of two 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. 19372 OF 2021

APPENDIX OF WP(C) 19372/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RC PARTICULARS OF VEHICLE, MGV TIPPER BEARING REG. NO.KL-58 V 7773.

Exhibit P2 A TRUE COPY OF THE LETTER NO.889/2021/V.O.

BALLA DATED 26.08.2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 06.09.2021.