Marakar vs The District Collector
2024 Latest Caselaw 9726 Ker

Kerala High Court

Marakar vs The District Collector on 4 April, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                      WP(C) NO. 12667 OF 2024
PETITIONER/S:

            MARAKAR
            AGED 43 YEARS
            S/O MAMMAD, 11/134, NAMPARATH KOTTARAM, VALANCHERY
            P.O. MALAPPURAM, PIN - 676552
            BY ADVS.
            VIJAI MATHEWS
            JOSEPH THEKKEKURUVANAL


RESPONDENT/S:

       1     THE DISTRICT COLLECTOR
             COLLECTORATE, MALAPPURAM, PIN - 676505
       2     GEOLOGIST, MALAPPURAM
             MINI CIVIL STATION, MANJERI, MALAPPURAM DISTRICT,
             PIN - 676121
       3     REVENUE DIVISIONAL OFFICER
             TIRUR MALAPPURAM, PIN - 676101
       4     TAHSILDAR
             TIRUR TALUK OFFICE , TIRUR MALAPPURAM, PIN -
             676101
       5     THE VILLAGE OFFICER
             IRIMBILIYAM VILLAGE OFFICE TIRUR, MALAPPURAM, PIN
             - 676552
OTHER PRESENT:

             SR.GP - DEEPA NARAYANAN


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    04.04.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C). No.12667 of 2024         :2:



                            VIJU ABRAHAM, J.
            --   -- -- -- -- -- -- -- -- -- -- -- --
                        W.P.(C) No.12667 of 2024
            --   -- -- -- -- -- -- -- -- -- -- -- --
                    Dated this the 4th day of April, 2024

                                JUDGMENT

The petitioner has approached this Court seeking release of

his vehicle bearing Reg. No.KL-54-A-1779 within a time limit to be

fixed by this Court.

2. The petitioner claims to be the owner of a Mahindra Tipper

Vehicle bearing Reg. No..KL-54-A-1779 which was seized by the 5 th

respondent on 30.01.2024 on the allegation that the petitioner has

illegally transported laterite stones. The specific case of the

petitioner is that the transportation is covered by Ext.P2 Transit

pass. The petitioner submits that he is ready and willing to

approach the jurisdictional court to get release of the said vehicle,

but the seizure of the vehicle has not been reported yet.

3. The learned Government Pleader upon instructions

submitted that it is for the 2nd respondent to report the seizure to

the jurisdictional court and necessary steps in this regard will be

taken within an outer limit of one week.

Therefore, the above writ petition is disposed of with a

direction to the 2nd respondent to report the seizure of the vehicle

bearing Reg. No..KL-54-A-1779 to the jurisdictional court within a

period of one week from the date of receipt of a copy of this

judgment and if the petitioner files an application for the interim

custody of the same, the jurisdictional court shall consider and

dispose of the said application without any delay.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 12667/2024

PETITIONER EXHIBITS Exhibit-P 1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE TIPPER VEHICLE BEARING REGISTRATION NUMBER KL- 54-A-1779, DATED 21-10-2016 Exhibit -P2 TRUE COPY OF THE ELECTRONIC MINERAL TRANSIT PASS (E-PASS ), BEARING NO.

710901234703 DATED 30-01-2024 Exhibit -P3 TRUE COPY OF THE SEIZURE MAHAZHAR, DATED 30 -01- 2024