C. Prabha vs The District Collector
2024 Latest Caselaw 30956 Ker

Kerala High Court

C. Prabha vs The District Collector on 23 October, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

W.P.(C).No.37135/2024
                                    1


                                              2024:KER:78737
           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA,

                                   1946

                        WP(C) NO. 37135 OF 2024

PETITIONER:

               C. PRABHA
               AGED 40 YEARS
               W/O PARTHASARATHY,DEVAPRASD BHAVAN, MARKET
               ROAD, ELAPPARA P.O, ELAPPARA, IDUKKI, KERALA,
               PIN - 685501


               BY ADV SANIL KUMAR


RESPONDENTS:

    1          THE DISTRICT COLLECTOR
               COLLECTORATE IDUKKI, KUYILIMALA, PAINAVP.O,
               IDUKKI, KERALA STATE ., PIN - 685603

    2          THE TAHSILDAR
               PEERMADE TALUK OFFICE, PEERMADE ROAD, PEERMADE,
               AZHUTHA, KERALA, PIN - 685531


               SMT.VIDYA KURIAKOSE, GP


        THIS    WRIT    PETITION   (CIVIL)   HAVING    COME    UP    FOR
ADMISSION       ON   23.10.2024,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.37135/2024
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                                                2024:KER:78737




                         JUDGMENT

The 2nd respondent seized the JCB bearing registration

No.Kl-34 F-1420 belonging to the petitioner on the allegation

that the same was used for mining of sand without permission.

The petitioner preferred Ext.P3 application before the 1 st

respondent to release the vehicle. The petitioner expressed

her willingness to compound the offence.

Having heard the learned counsel for the petitioner

and the learned Government Pleader, this writ petition is

disposed of with a direction to the 1 st respondent to consider

and pass orders on Ext.P3 application in accordance with law,

after hearing the petitioner, within ten days from the date of

receipt of a copy of this judgment. The petitioner shall

produce a copy of this judgment before the 1st respondent.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp

2024:KER:78737 APPENDIX OF WP(C) 37135/2024

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE RELEVANT PAGES OF THE R.C.BOOK ISSUED TO THE PETITIONER'S JCB BY SRTO VANDIPERIYAR DATED 5/8/2022

Exhibit-P2 TRUE COPY OF THE REPORT AND SEIZURE MAHAZAR ISSUED TO THE PETITIONER DATED 20/8/2024

Exhibit-P3 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE 1ST RESPONDENT TO RELEASE VEHICLE DATED 24/9/2024

Exhibit-P4 TRUE COPY OF THE REPLY DATED 17/10/2024 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT