Kerala High Court
Suresh vs State Of Kerala on 28 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 18926 OF 2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 18926 OF 2018
PETITIONER/S:
1 SURESH
PUZHIKUNATHU VEEDU, KAPOOR P.O., PATTAMBI VILLAGE,
PALAKKAD DISTRICT.
2 ABUBACKER
THALAPPIL VEEDU, KAKKATTIL, ALANGODE P.O.,
MALAPPURAM DISTRICT.
BY ADVS.
SRI.K.B.ARUNKUMAR
SMT.AMBIKA NAIR
SRI.HARIDAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
AGRICULTURE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.
2 THE DISTRICT COLLECTOR
MALAPPURAM DISTRICT, PIN-676505.
3 THE REVENUE DIVISIONAL OFFICER
TIRUR, MALAPPURAM DISTRICT, PIN-676101.
4 THE SUB INSPECTOR OF POLICE
CHANGARAMKULAM POLICE STATION, CHANGARAMKULAM,
WP(C) NO. 18926 OF 2018 2
MALAPPURAM DISTRICT, PIN-679575.
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 18926 OF 2018 3
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P.(C.) No. 18926 of 2018
--------------------------------------
Dated this the 28th day of June, 2024
JUDGMENT
The above writ petition is filed with following prayers :
"i. Call for the records leading to Exhibits P10 and P13 and
quash the same by issuing a writ of certiorari or any other
appropriate order or direction.
ii. Such other order or direction deems fit and proper for
this Hon'ble Court in facts and circumstances of the case."
[sic]
2. The writ petition under Article 226 of the
Constitution of India is filed challenging Ext.P13 order passed
by the District Court in CMA No. 5/2018. This Court in
Aloysious C.Antony v. District Collector and others [2019
KHC 736] observed that the writ petition is not maintainable
under Article 226 of the Constitution of India. In such
circumstances, this writ petition is not maintainable. If there is
any other alternative remedy, the same is left open.
With the above observation and granting liberty to the
petitioner to avail alternative remedy, this writ petition is
dismissed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 18926/2018
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPIES OF THE REPORT DATED
19.04.2016 SUBMITTED BY THE 3RD
RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE PETITION DATED
27.07.2016 SUBMITTED BEFORE THE 2ND
RESPONDENT.
EXHIBIT P3 THE TRUE COPY OF THE STATEMENT GIVEN BY
THE COUNSEL FOR AND BEHALF ON THE 1ST
PETITIONER.
EXHIBIT P4 THE TRUE COPY OF THE STATEMENT GIVEN BY
THE COUNSEL FOR AND BEHALF ON THE 2ND
PETITIONER.
EXHIBIT P5 THE TRUE COPY OF THE STATEMENT OF THE
VILLAGE OFFICER.
EXHIBIT P6 THE TRUE COPY OF THE STATEMENT OF THE LAND
OWNER.
EXHIBIT P7 THE TRUE COPY OF THE STATEMENT OF THE 4TH
RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF THE SEIZURE MAHAZARS
PREPARED BY THE 4TH RESPONDENT AT THE TIME
OF SEIZURE OF THE AFORESAID VEHICLES.
EXHIBIT P9 THE TRUE COPY OF THE SEIZURE MAHAZARS
PREPARED BY THE 4TH RESPONDENT AT THE TIME
OF SEIZURE OF THE AFORESAID VEHICLES.
EXHIBIT P10 THE TRUE COPY OF THE ORDER DATED
18.12.2017 PASSED BY THE 2ND RESPONDENT.
EXHIBIT P11 THE TRUE COPY OF THE APPEAL MEMORANDUM
NUMBERED AS C.M.A. NO.5/2018 ON THE FILE
OF DISTRICT COURT, MANJERI.
EXHIBIT P12 THE TRUE COPY OF THE NOTARIZED AFFIDAVIT
DATED 12.01.2018.
EXHIBIT P13 THE TRUE COPY OF THE ORDER DATED
05.04.2018 IN C.M.A. NO.5/2018 ON THE FILE
OF ADDITIONAL DISTRICT COURT, MANJERI.
