Sugathan K.S vs The District Collector
2023 Latest Caselaw 9109 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                             WP(C) NO. 14428 OF 2023
PETITIONER:

              SUGATHAN K.S.,AGED 37 YEARS
              S/O.SANKARANKUTTY, KACHERIVALAPPIL HOUSE,
              THEKKUMKARA P.O., THRISSUR DISTRICT, PIN - 680589

              BY ADV BABU S. NAIR



RESPONDENTS:

     1        THE DISTRICT COLLECTOR, COLLECTORATE,
              AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003

     2        THE STATION HOUSE OFFICER
              CHERUTHURUTHY POLICE STATION,
              THRISSUR DISTRICT, PIN - 679531

              BY SR.GP - JOBY JOSEPH



     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.14428 of 2023                      2



                                VIJU ABRAHAM, J.
                .................................................................
                           W.P.(C) No.14428 of 2023
                .................................................................
                  Dated this the 23rd day of August, 2023


                                      JUDGMENT

The petitioner has approached this Court seeking release of

the goods carriage/mini lorry bearing registration No.KL-09T-688 to

him forthwith unconditionally. Petitioner submits that there is no

violation of any provision of law.

2. when the matter was taken up for consideration today, the

learned Government Pleader upon instruction submitted that the

hearing was conducted and only final orders need to be issued in this

regard.

3. In view of the above, I am inclined to dispose of the writ petition

directing the 1st respondent to finalise the proceedings after affording

an opportunity of being heard to the petitioner within an outer limit of

two weeks from the date of receipt of a copy of this judgment.

Petitioner will be free to submit his notes of argument raising all the

contentions including that it is only widening of the 'varambu' for the

purpose of carrying agricultural implements, manure, etc. to the paddy

land and it will not come under the definition of reclamation or

conversion as defined under Act 28 of 2008. Petitioner also relies on

the judgment of this Court in Subramonian Namboothiri v. District

Collector, Malappuram, 2020 (6) KLT 743. The 1st respondent while

taking a final decision in the matter shall also advert to all the

contentions raised by the petitioner and also take into consideration

the judgment of this Court in Subramonian Namboothiri's case

supra.

With the abovesaid direction the writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE

cks

APPENDIX OF WP(C) 14428/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PHOTOGRAPH OF THE WORK WHICH WAS UNDERTAKEN FOR THE CONSTRUCTION OF THE ROAD

Exhibit P2 A TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 2ND RESPONDENT DATED, 11-4-2023