Renjith.R vs The District Collector
2025 Latest Caselaw 12616 Ker

Kerala High Court

Renjith.R vs The District Collector on 26 December, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                                        2025:KER:98878


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

         FRIDAY, THE 26TH DAY OF DECEMBER 2025/5TH POUSHA, 1947

                        WP(C) NO. 47079 OF 2025

PETITIONER:

             RENJITH.R,
             AGED 37 YEARS, S/O RAVEENDRAN,
             CHATHERIL, VADAKKEKKARA KIZHAKKU, PALLIPPAD,
             ALAPPUZHA, PIN - 690512

             BY ADVS.
             SMT.A.SALINI LAL
             SRI.R.SUNIL KUMAR
             SHRI.JINU P. BINU



RESPONDENTS:

    1        THE DISTRICT COLLECTOR,
             ALAPPUZHA, COLLECTORATE,
             ALAPPUZHA, PIN - 690001

    2        THE STATION HOUSE OFFICER,
             MANNAR POLICE STATION,
             ALAPPUZHA, PIN - 689622

    *3       DISTRICT GEOLOGIST,
             DISTRICT OFFICE MINING & GEOLOGY ALAPPUZHA,
             KODATHIKAVALA, CHERTHALA, 688524

             *(IS IMPLEADED AS ADDITIONAL 3RD RESPONDENT AS PER THE
             ORDER DATED 26.12.2025 IN WP(C) NO.47079 OF 2025)



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 47079 OF 2025
                                      2
                                                              2025:KER:98878


                                JUDGMENT

Dated this the 26th day of December, 2025

Petitioner is the owner of a tipper lorry bearing

registration No: KL-29 P 1754. Petitioner's empty vehicle was

plying through Chennithala-Chengannur road on 10/12/2025,

when the vehicle reached near Ulunthi junction, the 2nd

respondent seized the vehicle alleging that the petitioner has

unloaded ordinary earth in the property (Purayidom) of one

Sunil Kumar.

2. The 2nd respondent seized the vehicle alleging

violation of Kerala Conservation of Paddy and Wetland Act and

forwarded a report to the 1st respondent. No copy of the report

was served on the petitioner. The allegation of the 2 nd

respondent will not lie since the property is purayidom as per

Exhibit P2. Moreover the vehicle was seized in an empty

condition. The 2nd respondent cannot seize the vehicle on a

mere apprehension, as held by this court in W.P(C) No.

19010/2022 dated 24/06/2022. Hence the seizure is illegal and WP(C) NO. 47079 OF 2025

2025:KER:98878

liable to be set aside, contends the petitioner.

3. Heard, the learned Counsel for the petitioner

and the learned Government Pleader.

Considering the facts of the case, the writ petition is

disposed of directing the 2nd respondent to forward seizure

mahazar and other requisite reports to the District Geologist

forthwith. If the petitioner makes an application before the

additional 3rd respondent-District Geologist for compounding the

offence, the additional 3rd respondent-District Geologist shall

pass appropriate orders thereon as expeditiously as possible

and at any rate within a period of two weeks.

Sd/-

N.NAGARESH JUDGE

ARK WP(C) NO. 47079 OF 2025

2025:KER:98878

APPENDIX OF WP(C) NO. 47079 OF 2025

PETITIONER EXHIBITS

EXHIBIT P1 COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE NUMBER KL-29 P 1754

EXHIBIT P2 COPY OF THE TAX RECEIPT DATED 6/8/25

EXHIBIT P3 COPY OF THE THANDARPER ACCOUNT OF PROPERTY IN SY NO: 273/17 OF ENNACKAD VILLAGE

EXHIBIT P4 COPY OF THE JUDGMENT IN W.P(C) NO: 19010/2022 DATED 24/6/22

EXHIBIT P5 A TRUE COPY OF THE SEIZURE MAHAZAR DATED 10.12.2025