Deepu Kannan vs District Collector
2023 Latest Caselaw 3827 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                          WP(C) NO. 9335 OF 2023
PETITIONER:

              DEEPU KANNAN
              AGED 30 YEARS
              S/O. VINOD KUMAR, VINEETHA BHAVAN MUTHOOR MURI,
              KUTTAPUZHA VILLAGE THIRUVALLA TALUK, PATHANAMTHITTA
              DISTRICT.,, PIN - 689103

              BY ADV R.SANTHOSH BABU



RESPONDENTS:

     1        DISTRICT COLLECTOR
              COLLECTORATE, PATHANAMTHITTA PATHANAMTHITTA DISTRICT.,,
              PIN - 689645

     2        REVENUE DIVISIONAL OFFICER
              R.D.O. OFFICE, REVENUE DIVISION THIRUVALLA,
              PATHANAMTHITTA DISTRICT., PIN - 689101

     3        TAHSILDAR
              TALUK OFFICE, REVENUE TOWER THIRUVALLA, PATHANAMTHITTA
              DISTRICT,, PIN - 689101

     4        VILLAGE OFFICER
              KAVUMBHAGOM VILLAGE KAVUMBHAGOM, THIRUVALLA,
              PATHANAMTHITTA DISTRICT., PIN - 689102

              SRI.APPU.P.S-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9335 OF 2023                   2




                                    JUDGMENT

Dated this the 30th day of March, 2023

This writ petition is filed seeking release of a TATA Hitachi

ZAXIS-20 which is a mini digger excavator belonging to the petitioner

and covered by Ext.P1 which was seized on 15/2/2023.

2. It is submitted by the learned counsel for the petitioner that

the petitioner is the owner of the mini digger excavator, he had

rented out his vehicle with regard to construction of a retaining wall.

However, on 15/2/2023 the vehicle was seized by the 3 rd respondent.

It is submitted that though Exts P3 to P5 representations had been

submitted by the petitioner before all the authorities, no actions had

been taken on the same. The learned counsel for the petitioner

submits that the vehicle had not been used for infraction of any legal

provisions of law and that it was engaged only in the construction of

a retaining wall.

Having considered the contentions advanced and having heard

the learned Government Pleader also, I am of the opinion that the

request for release of the vehicle is liable to be considered by the 1 st

respondent in accordance with law. There will accordingly be a

direction to the 3rd respondent to forward the records of the seizure

of the vehicle, if the same has not already been forwarded to the 1 st

respondent forthwith. The 1st respondent shall thereafter take up

Ext.P3 representation submitted by the petitioner, hear the petitioner

and pass orders on the same, in accordance with law, after

considering the petitioner's contentions as well. Necessary steps shall

be taken within a period of ten days from the date of receipt of a

copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 9335/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE FORM GST INVOICE DATED 25-

05-2918 OF THE SAID VEHICLE IN THE NAME OF THE PETITIONER

Exhibit P2 TRUE COPY OF THE PHOTO GRAPH OF THE PETITIONER'S VEHICLE

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 04-03-

2023 TO THE R1

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 04-03-

2023 TO THE R2

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 04-03-

2023 TO THE R3