Lijo John vs The District Collector
2022 Latest Caselaw 11345 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
                    WP(C) NO. 38322 OF 2022
PETITIONER:

         LIJO JOHN
         AGED 38 YEARS
         S/O. JOHN, KANAMPURATHU HOUSE,
         PAZHANGANAD P.O., KIZHAKKAMBALAM,
         ERNAKULAM DISTRICT, PIN-683562.

         BY ADV MANOJ P.KUNJACHAN


RESPONDENTS:

    1    THE DISTRICT COLLECTOR
         OFFICE OF THE DISTRICT COLLECTOR,
         CIVIL STATION, KAKKANAD, ERNAKULAM-682030.
    2    THE GEOLOGIST,
         DEPARTMENT OF MINING AND GEOLOGY,
         CIVIL STATION KAKKANAD,
         ERNAKULAM DISTRICT, PIN-682030.
    3    THE STATION HOUSE OFFICER,
         THADIYITTAPARAMBU POLICE STATION,
         THADIYITTAPARAMBU, ERNAKULAM DISTRICT-683105.

         SRI.DENNY DEVASSY SR.GP

     THIS WRIT PETITION       (CIVIL) HAVING    COME UP   FOR
ADMISSION ON 02.12.2022,      THE COURT ON     THE SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.38322 of 2022



                                2




                            JUDGMENT

Dated this the 2nd day of December, 2022

The petitioner is aggrieved by seizure of his

Excavator/JCB by the 3rd respondent-Station House Officer.

2. The petitioner states that his Excavator/JCB

bearing registration No.KL-40C-6703 has been seized by the

3rd respondent on 23.11.2022. The petitioner would state that

the Excavator/JCB has been used for conducting setback

work and levelling of land for construction purpose of one

Mr.Basheer. The construction was strictly according to Ext.P2

Building Permit and Ext.P3 Development Permit. Therefore,

the seizure of the vehicle is illegal and unsustainable.

3. Counsel for the petitioner pointed out that as per

second proviso to Rule 14(2) of the Kerala Minor Mineral

Concession Rules, 2015, in cases where the levelling of land WP(C) No.38322 of 2022

and extraction of ordinary earth is involved, the Building

Permit shall be accompanied by an Approved Building Plan

obtained from the Local Self Government Authorities

concerned which shall contain the area of land to be

developed for construction of the building and the quantity of

earth to be extracted for such construction.

4. Heard the learned counsel for the petitioner and the

learned Senior Government Pleader representing the

respondents.

5. Since the Station House Officer has already

intimated the seizure to the 2nd respondent-Geologist, it will be

in the fitness of things that the petitioner approaches the

Geologist pointing out the afore facts and seek release of the

Excavator/JCB of the petitioner.

The writ petition is therefore disposed of permitting the

petitioner to approach the 2nd respondent-Geologist for WP(C) No.38322 of 2022

release of the Excavator/JCB on the grounds urged by the

petitioner. If an application is submitted by the petitioner, the

same shall be considered and a decision shall be taken

thereon, within a period of ten days from the date of receipt of

the application.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.38322 of 2022

APPENDIX OF WP(C) 38322/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF EXCAVATOR KL-40 C 6703. Exhibit P2 A TRUE COPY OF THE BUILDING PERMIT ISSUED BY VAZHAKKULAM GRAMA PANCHAYATH DATED 25.11.2020.

Exhibit P3 A TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED BY VAZHAKKULAM GRAMA PANCHAYATH DATED 23.2.2021.

Exhibit P4 A TRUE COPY OF THE NOTICE ISSUED BY 3RD RESPONDENT UNDER SECTION 91 OF CR.P.C. DATED 23.11.2022.

Exhibit P5 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE EXT.P4 SHOW CAUSE DATED 24.11.2022.

Exhibit P6        TRUE COPY OF THE INTERIM ORDER PASSED
                  IN    W.P.(C)    NO.33438/2022    DATED,
                  28.10.2022.

RESPONDENTS' EXHIBITS : NIL