Kerala High Court
Faisal K vs The Sub Collector Kanhangad on 4 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
WP(C) NO. 5685 OF 2022
PETITIONER:
FAISAL K.
AGED 45 YEARS
SON OF YOUSEF, KUNNUMAL HOUSE, MADIYAN, MANIKOTH P.O.,
AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671
315
BY ADVS.
A.ARUNKUMAR
S.SHYAM KUMAR
DIVYA T.P.
RESPONDENTS:
1 THE SUB COLLECTOR KANHANGAD
OFFICE OF THE REVENUE DIVISIONAL OFFICER, KANHANGAD,
KASARAGOD-671 315
2 THE VILLAGE OFFICER,
HOSDURG VILLAGE, KANHANGAD , KASARGOD DISTRICT-671 315
3 SUBRAMANYAN.V.
SON OF VASANTHAN.K., KUSHAL NAGAR, HOSDURG VILLAGE,
KASARAGOD TAUK-671 315
4 ADDITIONAL R4 IS SUO MOTU IMPLEADED AS PER ORDER DATED
04.03.2022.
THE DISTRICT COLLECTOR,
KASARGODE.
BY SMT PRINCY XAVIER, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.5685 OF 2022
2
JUDGMENT
Dated this the 4th day of March, 2022
This writ petition is filed seeking the
following reliefs:
"i. Issue a writ of certiorari or any other
appropriate writ or order directing to quash Exhibit
P4 proceedings No.Ref.F-95/2020 dated
18.06.2020 initiated by the 1st respondent;
ii. Issue a writ of mandamus or any other
appropriate writ or order directing the 1st
respondent to release the tipper bearing
registration No.KL 60 8382 to the petitioner."
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's tipper bearing
Registration No.KL-60-8382 had been seized on
19.08.2019. But no further action has been taken in
respect of the same. It is submitted that the vehicle
is lying idle in the premises of the Taluk Office,
Kanhangad and that the respondents are duty bound
WP(C).No.5685 OF 2022
to release the vehicle to the petitioner.
4. Learned Government Pleader submits on
instructions that the vehicle of the petitioner had been
seized for an offence under the Kerala Conservation of
Paddy Land Wetland Act, 2008, since the property
from which the petitioner's vehicle was seized had
been included in the data bank and it was on
allegation that the vehicle has been used for the
conversion of the paddy land that the seizure had
been effected. It is submitted that the reports
regarding the seizure had been duly forwarded to the
District Collector as early as on 02.09.2020. In case
the petitioner approaches the additional 4th
respondent with an appropriate application, the issue
with regard to the vehicle will be finalized without
delay.
Having considered the contentions
advanced, there will be a direction that in case the
petitioner approaches the additional 4th respondent
with an application for release of the vehicle pointing
WP(C).No.5685 OF 2022
out the factual contentions of the matter, the same
shall be considered in accordance with law after
hearing the petitioner through any appropriate means
including video conferencing, within a period of one
month from the date on which the petitioner
approaches the additional 4th respondent.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SSK/04/03
WP(C).No.5685 OF 2022
PETITIONER'S EXHIBITS:
TRUE COPY OF THE RC PARTICULARS OF THE
Exhibit P1
VEHICLE.
TRUE COPY OF THE MAHAZAR PREPARED BY THE
Exhibit P2
2ND RESPONDENT.
TRUE COPIES OF THE PHOTOGRAPHS OF THE
Exhibit P3
VEHICLE.
TRUE COPY OF THE PROCEEDINGS NO.REF.F-
Exhibit P4 95/2020 DATED 18.06.2020 OF THE 2ND
RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
SSK //TRUE COPY// PA TO JUDGE
