Kerala High Court
Manu S Nath vs The State Of Kerala on 1 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Tuesday, the 1st day of August 2023 / 10th Sravana, 1945
WP(C) NO. 14891 OF 2023
PETITIONER:
MANU S NATH, AGED 57 YEARS, RESIDING AT R S BHAVAN, KAVADIKONAM,
KIZHAKKANELA P.O, THIRUVANANTHAPURAM DISTRICT., REPRESENTED BY HIS
POWER OF ATTORNEY, SHAJAHAN AGED 51, S/O. SULAIMAN KUNJU,
VEDANCHADIVILA, MUTTAKKAVU, NEDUMPANA P.O, KOLLAM DISTRICT,
PIN-695014
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
DISTRICT, PIN-695001
2. THE DISTRICT COLLECTOR, KOLLAM DISTRICT, DISTRICT COLLECTOR OFFICE,
CIVIL STATION, KOLLAM DISTRICT, PIN-691013
3. THE TAHSILDAR, KOLLAM TALUK, TALUK KACHERY, KOLLAM DISTRICT,
PIN-691001
4. THE VILLAGE OFFICER, VADAKKEVILA VILLAGE OFFICE, PALLIMUKKU MARKET,
VADAKKEVILA, KOLLAM DISTRICT DISTRICT, PIN-691010
5. THE AGRICULTURAL OFFICER, KRISHI BHAVAN VADAKKEVILA, AYATHIL, KOLLAM
DISTRICT, PIN-691577
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to interim relief sought for for the reasons stated in the writ
petition (civil) and the affidavit, it is most humbly prayed that this
hon'ble court may be pleased to stay the operation of exhibit p5 order
issued by the second respondent and to forthwith releasing of the jcb
excavator bearing registration no. kl19c3183 to the petitioner, pending
disposal of the writ petition (civil)
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
03.07.2023 and upon hearing the arguments of M/S. M.K.SUMOD, VIDYA M.K.,
RAJ CAROLIN V., THUSHARA.K, PADMA LAKSHMI, Advocates for the petitioner,
the court passed the following:
N.NAGARESH, J.
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W.P.(C) No.14891 of 2023
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Dated this the 1st day of August, 2023
ORDER
The counsel for the petitioner points out that as the land is
in the nature of 'purayidom' and there was no attempt to change
the nature of the land, the judgment of this Court in Deepu D. v.
District Collector [W.P.(C) No.15957 of 2022] would squarely
apply.
2. The Government Pleader submits that Writ Appeal
No.1371 of 2022 has been preferred against the said judgment
in W.P.(C) No.15957 of 2022 and the matter is pending
consideration before the Division Bench.
3. I have considered the interim order dated 18.10.2022
passed by the Division Bench in the said Writ Appeal.
4. In the facts of the case, there will be an interim order
directing the 3rd respondent-Tahsildar to release the JCB
Excavator bearing registration No.KL-19C-3183 to the petitioner
W.P.(C) No.14891 of 2023
after obtaining an undertaking from the petitioner that the JCB
will be produced as and when required.
It is made clear that the petitioner shall keep the JCB in
tact and shall not in any manner alienate or encumber the
JCB till the disposal of this writ petition. The petitioner shall
also not use the JCB for any other illegal activities including
conversion of paddy field.
Sd/-
N.NAGARESH
JUDGE
.
sss
