Rafeeque M vs The District Collector
2022 Latest Caselaw 5110 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                       WP(C) NO. 15422 OF 2022
PETITIONER:

           RAFEEQUE M
           AGED 34 YEARS, S/O. ABDUL SALAM,
           MAMPALLY, VATTAMALLAPURAM P.O., ALANALLUR III,
           PALAKKAD DISTRICT, PIN - 678601

           BY ADV K.RAKESH



RESPONDENTS:

    1      THE DISTRICT COLLECTOR
           COLLECTORATE, CIVIL STATION, UP-HILL,
           MALAPPURAM, MALAPPURAM DISTRICT,PIN - 676505

    2      THE VILLAGE OFFICER
           ANAKKAYAM VILLAGE OFFICE, ANAKKAYAM P.O.,
           MALAPPURAM DISTRICT, PIN - 676509

           BY ADV SMT. VIDYA KURIAKOSE, GOVT PLEADER.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.15422/2022                    -2-


                                  JUDGMENT

The petitioner has approached this court being aggrieved by the delay in

completion of the proceedings under Kerala Conservation of Paddy Land and

Wetland Act, 2008 in respect of a vehicle/equipment belonging to the petitioner.

The vehicle is detained since 23-10-2021. It is the case of the petitioner that he was

using the vehicle for a work entrusted to him by the owner of the property in

question.

2. Heard the learned Government Pleader also.

3. Having regard to the facts and circumstances of the case, I am of the

opinion that the vehicle/equipment of the petitioner can be released on the

petitioner producing sufficient guarantee covering the value of the

vehicle/equipment in question. Therefore, I direct that the 1 st respondent shall

provisionally release the vehicle to the petitioner if the petitioner produces

sufficient guarantee covering the value of the vehicle/equipment and after obtaining

a bond through which the petitioner will undertake not alienate the vehicle and

produce the same as and when demanded. The 1 st respondent may also get a

valuation of the vehicle done through the concerned officials of the Motor Vehicles

Department. The entire exercise shall be completed within a period of one month

from date of receipt of a copy of this judgment.

Writ petition is disposed of.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF WP(C) 15422/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF EXCAVATOR BEARING REGISTRATION NO.KL 39/A 2597

Exhibit P2 TRUE COPY OF THE SEIZURE MAHASSAR DATED 23-10-2021 PREPARED BY THE 2ND RESPONDENT IN CONNECTION WITH THE SEIZURE OF PETITIONER'S EXCAVATOR