Kerala High Court
Sathya Murugesan vs The Village Officer on 21 May, 2024
W. P. (C) No. 31711 of 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 31711 OF 2022
PETITIONER:
SATHYA MURUGESAN, AGED 27 YEARS,
DAUGHTER OF MURUGESHAN, AGED 27 YEARS, NO 1/33
NORTH STREET, THIRUVERUMBUR TALUKA, GUNDUR,
TIRUCHIRAPPILLI, TAMIL NADU, PIN - (OWNER OF
EXCAVATOR JCB BEARING REGISTRATION NO. TN-48-T-
8723), PIN - 620007.
BY ADVS.M/S.P.M.ZIRAJ & IRFAN ZIRAJ
RESPONDENTS:
1 THE VILLAGE OFFICER,
KARAKURUSSI VILLAGE, MANNARKAD TALUK, PALAKKAD
DISTRICT, PIN - 678595.
2 THE INSPECTOR OF POLICE ,
KALLADIKODE POLICE STATION, MANNARKAD TALUK,
PALAKKAD DISTRICT, PIN - 678596.
3 THE DISTRICT COLLECTOR,
OFFICE OF THE DISTRICT COLLECTOR,COLLECTORATE,
CIVIL STATION, PALAKKAD DISTRICT, PIN - 678013.
* ADDL.4 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, KARAKURISSY, PALAKKAD DISTRICT,
PIN-678595.
* ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED
18-10-2022 IN IA 1/2022 IN WP(C) 31711/2022.
W. P. (C) No. 31711 of 2022
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SMT.G.SHEEBA, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P. (C) No. 31711 of 2022
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MOHAMMED NIAS C. P. , J.
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W. P. (C) No. 31711 of 2022
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Dated this the 21st day of May, 2024
JUDGMENT
The Writ Petition is filed on 5.10.2022 challenging the seizure of the
petitioner's vehicle bearing Registration No. TN-48-T-8723 alleging violation
of the provisions of the Kerala Conservation of Paddy Land and Wetland Act,
2008 (for short 'The Act'). The statement, filed on behalf of the Government,
shows that on enquiry, it was revealed that ordinary earth was taken from the
premises of the Government HSS, Karakurushi, where an old classroom was
demolished and was unloaded in the property included in the data bank
comprised in Survey Nos. 245/6 and 245/7 without passes or permits.
2. The learned counsel for the petitioner submits that the property is
shown as 'converted' in Ext.P-2 data bank and therefore, it must be treated as
if it is not included in the data bank as on the date of coming into force of the
Act.
3. Today when the matter was taken up, the learned Government
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Pleader made available a copy of the order No. DCPKD/14302/2022-C3
dated 23.11.2023, passed under Section 20 of the Act, ordering confiscation
of the vehicle in question. Against the said order, the petitioner has an
alternate efficacious remedy under Section 21 of the Act before the District
Court.
4. Under such circumstances, the Writ Petition is closed without
prejudice to the right of the petitioner to move the District Court against the
order referred to above. If the petitioner files an appeal within two weeks from
today, with a prayer for interim relief, the same shall be considered on merits
and appropriate orders be passed on the interlocutory application within two
weeks thereafter. It is made clear that all the contentions of the petitioner are
left open.
The Writ Petition is disposed of as above
Sd/-
MOHAMMED NIAS C. P. , JUDGE
MMG
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APPENDIX OF WP(C).NO.31711/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SEIZURE MAHASAR
PREPARED BY THE VILLAGE OFFICER
KARUKURUSSI DATED 01.08.2022
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF DATA
EXHIBIT P3 TRUE PHOTOGRAPHS OF THE ALLEGED PROPERTY
EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 24.08.2022 IN
WP(C) NO.11664 OF 2018
