Suneesh Babu vs The District Collector
2023 Latest Caselaw 8447 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                    WP(C) NO. 25734 OF 2023
PETITIONER:

         SUNEESH BABU, AGED 37 YEARS
         S/O. CHEMBRA RAGHAVAN, PUTHANKALATHIL HOUSE,
         KADALUNDI PO, KOZHIKODE, PIN - 673302

         BY ADVS.
         T.P.SAJID
         SHIFA LATHEEF
         K.P.MOHAMED SHAFI
         SREESHMA B. CHANDRAN
         MUHAMMED HAROON A.N.
         HASHARURAHIMAN U.
         MOHEMED FAVAS
         K.M.SHANAVAS


RESPONDENTS:

    1    THE DISTRICT COLLECTOR
         COLLECTORATE, WAYANAD ROAD, CIVIL STATION,
         ERANHIPPALAM, KOZHIKODE DISTRICT, PIN - 673020
    2    THE VILLAGE OFFICER
         KADALUNDI VILLAGE OFFICE, KADALUNDI,
         KOZHIKODE DISTRICT, PIN - 673302


         SMT. DEVISREE R., SENIOR GOVERNMENT PLEADER


     THIS WRIT PETITION       (CIVIL) HAVING COME UP      FOR
ADMISSION ON 07.08.2023,      THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.25734 of 2023



                              2




                            JUDGMENT

Dated this the 7th day of August, 2023

The petitioner is before this Court seeking to direct the

1st respondent-District Collector to consider Ext.P9

representation submitted by the petitioner. By Ext.P9, the

petitioner has requested the District Collector to take

necessary action against the Village Officer and Sub

Collector, who have committed serious faults in service. The

petitioner has also sought for the cost of damages.

2. The petitioner's JCB bearing registration No.KL-

09AD-7240 was seized by the 1st respondent-District Collector

on 18.06.2022 on the ground that the same was used for

illegal filling up of paddy land / wetland. The petitioner

remitted the requisite amount and got the vehicle released.

Now, the petitioner is before this Court seeking compensation WP(C) No.25734 of 2023

for the damage caused to the vehicle. Ext.P9 has been

submitted to the District Collector for the said purposes.

3. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

4. The petitioner's JCB was seized alleging that the

JCB has been used for violating the provisions of the Kerala

Conservation of Paddy Land and Wetland Act, 2008. Ext.P5

is the confiscation order. The petitioner has an appellate

remedy against the confiscation under Section 21 of the Act,

2008. Without challenging Ext.P5 in accordance with law, the

petitioner cannot approach this Court seeking to direct the

District Collector to consider his representation for

compensation.

In view of the above, no relief can be granted to the

petitioner in this writ petition. The writ petition is accordingly WP(C) No.25734 of 2023

dismissed. This will be without prejudice to the right of the

petitioner to agitate his grievances against the illegal

confiscation or for compensation, before the appropriate

authority / Forum.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.25734 of 2023

APPENDIX OF WP(C) 25734/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMMUNICATION DATED 29/10/2022 ISSUED BY THE ASSISTANT ENGINEER, PWD DEPARTMENT TO THE SUB DIVISIONAL MAGISTRATE , KOZHIKODE Exhibit P2 TRUE COPY OF THE NOTICE DATED 18/6/2022 ISSUED BY THE 2ND RESPONDENT TO THE TAHSILDAR KOZHIKODE TALUK OFFICE Exhibit P3 TRUE COPY OF THE APPLICATION DATED 29/10/2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED 10/1/2023 SUBMITTED BY THE AGRICULTURAL OFFICER, KRISHIBHAVAN, KADALUNDI BEFORE THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 4/2/2023 Exhibit P6 TRUE COPY OF THE RECEIPT DATED 7/2/2023 Exhibit P7 TRUE COPY OF THE PHOTOGRAPHS OF THE JCB Exhibit P8 TRUE COPY OF THE ESTIMATE ISSUED BY THE SERVICE CENTRE DATED 15/3/2023 Exhibit P9 TRUE COY OF THE REPRESENTATION DATED 16/5/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT