Rajesh.G vs District Collector
2023 Latest Caselaw 3866 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. 11482 OF 2023
PETITIONER:

          RAJESH G.,
          AGED 31 YEARS,
          S/O GEETHAN, SOBHA NIVAS,
          NEAR ST.JOSEPH HIGHER SECONDARY SCHOOL,
          ANCHUTHENGU P.O, THIRUVANANTHAPURAM - 695 309.

          BY ADV LATHEESH SEBASTIAN


RESPONDENTS:

    1     DISTRICT COLLECTOR,
          CIVIL STATION, KUDAPPANAKKUNNU P.O.,
          THIRUVANANTHAPURAM, PIN - 695 043.

    2     TAHSILDAR,
          TALUK OFFICE, THIRUVANANTHAPURAM TALUK,
          THIRUVANANTHAPURAM, PIN - 605 036.

    3     VILLAGE OFFICER,
          PALLIPPURAM VILLAGE OFFICE,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695 302.

    4     STATION HOUSE OFFICER,
          MANAGALAPURAM POLICE STATION, MANGALAPURAM,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695 302.

    5     SENIOR GEOLOGIST,
          MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE,
          KESAVADASAPURAM, PATTOM PALACE P.O.,
          THIRUVANANTHAPURAM, PIN - 695 003.


          SMT.PARVATHY K.-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.11482 OF 2023

                                   2



                               JUDGMENT

Dated this the 30th day of March, 2023

This writ petition is filed seeking the following

reliefs:-

"1. Call for the entire records relating to Ext.P1 to P8 from the respondents.

2. Issue a writ of mandamus or any other writ, order or direction to the 1st respondent to release JCB bearing Reg.No.KL-16-AA-5726 seized by the 4th respondent on the basis of Ext.P5 seizure mahazar to the petitioner as expeditiously as possible within a time limit as fixed by this Hon'ble Court.

3. In the alternative, direct the 1st respondent to take decision on Ext.P7 representation as expeditiously as possible within a time limit as fixed by this Hon'ble Court after affording an opportunity of hearing to the petitioner."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader appearing for the

respondents.

3. It is submitted by the learned counsel for the

petitioner that the petitioner is the owner in

possession of a JCB bearing Registration No.KL-16-AA-

5726. The same was taken possession of by the 4 th WP(C).No.11482 OF 2023

respondent on 13.03.2023. It is submitted that the

allegation raised is that the petitioner's vehicle was

being used for filling up of wet land. It is submitted by

the learned counsel for the petitioner that the vehicle

was being used in a property shown as purayidom in

the revenue records and that there was no offence

committed by the petitioner. It is submitted that the

request made by the petitioner for release of the

vehicle is not being considered.

4. The learned Government Pleader submits on

instructions that, records relating to the seizure have

been duly forwarded to the 1st respondent along with

the mahazar and that the application submitted by the

petitioner will be considered in accordance with law.

5. Having considered the contentions advanced and

in view of the fact that the petitioner has approached

the 1st respondent with Ext.P7 request for releasing

the vehicle, I am of the opinion that it is for the 1 st

respondent to take an appropriate decision on the WP(C).No.11482 OF 2023

request.

Accordingly, there will be a direction to the 1 st

respondent to take up Ext.P7 request made by the

petitioner, for release of the vehicle and to consider

and pass orders on the same in accordance with law,

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

a copy of this judgment. Petitioner shall produce the

copy of the judgment along with a copy of the writ

petition before the 1st respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

ak WP(C).No.11482 OF 2023

APPENDIX OF WP(C) 11482/2023

PETITIONER EXHIBITS:-

Exhibit P1               TRUE    COPY     OF      THE    REGISTRATION
                         CERTIFICATE    OF      THE   JCB    OF   THE
                         PETITIONER.

Exhibit P2               TRUE COPY OF THE TAX INVOICE ISSUED FROM

THE SELLER OF JCB DATED 27.02.2023.

Exhibit P3               TRUE COPY OF THE        TAX RECEIPT DATED
                         18.04.2022    ISSUED     FROM   PALLIPPURAM
                         VILLAGE      WITH       LEGIBLE     ENGLISH
                         TRANSLATION.

Exhibit P4               TRUE COPY OF THE TRANSIT PASS ISSUED BY

THE 5TH RESPONDENT BEARING NO.38 DATED 04.03.2023.

Exhibit P4(a) TRUE COPY OF THE TRANSIT PASS ISSUED BY THE 5TH RESPONDENT BEARING NO.52 DATED 04.03.2023.

Exhibit P5 TRUE COPY OF THE SEIZURE MAHAZAR OF THE 4TH RESPONDENT DATED 13.03.2023.

Exhibit P6 TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 15.03.2023.

Exhibit P7 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 20.03.2023.

Exhibit P8 TRUE COPY OF THE LETTER OF THE 1ST RESPONDENT DATED 23.03.2023.

RESPONDENTS EXHIBITS:-NIL