Vimal M.S vs The District Collector
2023 Latest Caselaw 9535 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
                         WP(C) NO. 29045 OF 2023
PETITIONER:

              VIMAL M.S
              AGED 35 YEARS
              MALY VEEDU, THOTTUVA KAVALA,
              MALAYATTOOR P.O., MALAYATTOOR,
              ERNAKULAM, PIN - 683 587.

              BY ADV C.M.DHANY
              SARUN RAJAN


RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              CIVIL STATION, ERNAKULAM DISTRICT,
              PIN - 682 030.
     2        THE GEOLOGIST
              DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
              CIVIL STATION, KAKKANAD,
              ERNAKULAM, KERALA, PIN - 682 030.
     3        THE STATION HOUSE OFFICER
              NEDUMBASSERY POLICE STATION,
              ERNAKULAM DISTRICT,
              PIN - 683 111.

              SMT. PRINCY XAVIER - SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.29045 OF 2023

                                  2




                          JUDGMENT

The petitioner is the registered owner of a Hitachi

Excavator bearing Registration No.KL-63-H-2893 which

was seized by the 3rd respondent for violation of the

provisions of the Kerala Conservation of Paddy Land

and Wetland Act, 2008. The petitioner has filed this

writ petition for direction to the 3rd respondent to report

the seizure of the said vehicle to the 1st respondent

forthwith to enable the petitioner to file an application

for its interim custody.

2. When the writ petition came up for

consideration today, the learned Government Pleader,

on instructions, submits that the 3rd respondent has

submitted a report of seizure to the Geologist, the 2 nd

respondent.

3. Since it is submitted that the 3rd respondent WP(C) NO.29045 OF 2023

has reported the seizure of the petitioner's vehicle to

the 2nd respondent Geologist, there will be a direction to

the 2nd respondent to report the same along with all

relevant documents to the 1st respondent within a

period of three days, if not already reported. It will be

open to the petitioner to approach the 1st respondent

with an application for interim custody of the vehicle

and the 1st respondent shall consider the application,

within a period of two weeks from the date of its

receipt.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR WP(C) NO.29045 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO. KL-63-H-2893.

EXHIBIT P2 THE TRUE COPY OF THE REPORT DATED 21.08.2023 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF THE MAHAZAR PREPARED BY THE 3RD RESPONDENT.

RESPONDENTS EXHIBITS:    NIL.