Kerala High Court
Issac vs The District Collector Ernakulam on 16 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(C) NO. 44182 OF 2023
PETITIONER:
ISSAC
AGED 43 YEARS
S/O. EALIAS P I, PADINJARE KALAPPILLIL HOUSE,
MANEED P O, PIRAVOM,
ERNAKULAM DISTRICT, PIN - 686 664.
BY ADV MANOJ P.KUNJACHAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR ERNAKULAM
COLLECTORATE, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN - 682 030.
2 REVENUE DIVISIONAL OFFICER MUVATTUPUZHA
MINI CIVIL STATION, MUVATTUPUZHA,
PIN - 686 669.
3 VILLAGE OFFICER
THIRUVANIYOOR VILLAGE OFFICE,
KUNNATHUNAD TALUK, ERNAKULAM DISTRICT,
PIN - 682 308.
4 STATION HOUSE OFFICER
PUTHENKURIZ POLICE STATION,
PUTHENKURIZ P O, ERNAKULAM DISTRICT,
PIN - 682 308.
5 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY ITS CONVENOR,
AGRICULTURAL OFFICER,
KRISHI BHAVAN, THIRUVANIYOOR,
ERNAKULAM DISTRICT,
PIN - 682 308.
SMT. R.DEVISHREE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.44182 OF 2023
2
JUDGMENT
The petitioner is the registered owner of an
Excavator (JCB) bearing No.KL-60-B- 9551. The said
vehicle was seized by the 3 rd respondent on
14.12.2023, as per Ext.P2 mahazar alleging violation
of the provisions of the Kerala Conservation of Paddy
Land and Wetland Act, 2008 (for short, 'the Act'),
while the petitioner was using the excavator for doing
work in the property comprised in Block No.41, Re.
Sy.No.144/13-2 of Thiruvaniyoor Village, Ernakulam
District. According to the petitioner, the said
property has been described as converted land in
Ext.P3 Data Bank. The petitioner submits that no
offence as alleged has been committed by him and
the seizure is illegal.
2. From Ext.P2 mahazar, it can be seen that
the vehicle was seized as it was found to be used for
WP(C).No.44182 OF 2023
filling sand in the aforesaid property. Since the
aforesaid property is described as a converted land in
the Data Bank, it is trite that no proceedings can be
initiated for violation of the provisions of the Act,
2008.
3. This Court in Sabu T.K. v. State of Kerala
and Ors. [2017 (2) KHC 610], has held that when the
land is included in the Data Bank as converted land,
no proceedings can be initiated for violation of the
provisions of the Act, 2008 since there is no filling up
of paddy land or wetland.
4. In view of the settled position of law, I find
that the seizure of the vehicle by the 3rd respondent
cannot be sustained. It is declared so. Therefore,
Ext.P7 proceedings initiated by the 1st respondent
cannot be sustained. Accordingly, Ext.P7 is set aside.
There will be a direction to the 4 th respondent to
release the vehicle of the petitioner bearing
Registration No.KL-60-B- 9551, if the said vehicle is
WP(C).No.44182 OF 2023
not required in connection with any other case.
The writ petition is disposed of with the above
direction.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C).No.44182 OF 2023
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE REGISTRATION
CERTIFICATE.
EXHIBIT P2 TRUE COPY OF THE SEIZURE MAHAZAR ISSUED
BY THE 3RD RESPONDENT DATED 14/12/2023.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE
NOTIFIED DATA BANK PUBLISHED ON
23/08/2016.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE 2ND RESPONDENT DATED 22/12/2023.
EXHIBIT P5 TRUE COPY OF THE CHALAN SHOWING THE
REMITTANCE OF FEE DATED 22/02/2016.
EXHIBIT P6 TRUE COPY OF THE RECEIPT SHOWING
ACCEPTANCE OF APPLICATION FOR
REGULARIZATION HAVING NO. L15/20267/16
DATED 22/02/2016.
EXHIBIT P7 A TRUE COPY OF THE ORDER BEARING NO.
DCEKM-152/2024-L10 DATED 16.01.2024.
EXHIBIT P8 TRUE COPY OF THE PETITION SUBMITTED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
WITHOUT ANNEXURES DATED NIL.
EXHIBIT P9 A TRUE COPY OF THE 1ST PAGE OF THE
GAZETTE NOTIFICATION RELATING TO EXT P3
DATED 23.08.2016.
RESPONDENTS EXHIBITS: NIL.
