IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 16094 of 2010(J) 1. BECHAMOL SAJU, NJARALAKKATHU THURUTHIYIL ... Petitioner Vs 1. THE DISTRICT COLLECTOR, KOTTAYAM. ... Respondent 2. THE REVENUE DIVISIONAL OFFICER, 3. THE VILLAGE OFFICER, 4. THE SUB INSPECTOR OF POLICE, 5. THE VICE PRESIDENT & CHAIRMAN, For Petitioner :SRI.N.M.JAMES For Respondent : No Appearance The Hon'ble MR. Justice S.SIRI JAGAN Dated :04/06/2010 O R D E R S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 16094 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th day of June, 2010. J U D G M E N T
The petitioner’s earth remover (JCB) has been seized by the
revenue officials. According to the petitioner, the same has been
seized without any reason. The petitioner has therefore filed this writ
petition seeking the following relief:
“Issue a writ of mandamus or any other appropriate writ, direction
or order, directing the respondents 1, 2 & 4 to release the JCB
bearing No. KL-5/L. 1303 owned by the petitioner in the interest
of justice.”
2. The learned Government Pleader, on instructions, submits
that the JCB has been seized on allegations of violation of the
provisions of the Kerala Conservation of Paddy Land and Wet Land
Act, 2008 and proceedings are pending before the District Collector.
3. I have considered the rival contentions in detail.
4. In view of the fact that proceedings under the Act are in
progress, I am not inclined to interfere with the proceedings.
However, naturally, the District Collector would take some time to
pass final orders in the matter, after affording an opportunity of being
heard to the petitioner. In the meanwhile, the JCB is being kept in the
open subject to the vagaries of nature. In the case of proceedings
under the Kerala Protection of River Banks and Regulation of Removal
of Sand Act, 2001, this Court has in District Collector,
Malappuram v. Abdul Kasim, 2010 (1) KLT S.N. 31 (Case No. 38)
laid down the principles regarding interim custody of the vehicle.
I am satisfied that in this case also, the same course of action can be
taken. The petitioner has already submitted Ext. P3 application for
interim custody. In the above circumstances, the writ petition is
disposed of as follows:
W.P.C. No. 16094/2010. -: 2 :-
The petitioner shall appear before the District Collector on
11-6-2010. On that day, the District Collector shall hear the
petitioner on the question of interim custody and pass appropriate
orders thereon in accordance with the principles laid down in the
above said decision. Orders shall be passed within another week.
Sd/- S. Siri Jagan, Judge.
Tds/
[TRUE COPY]
P.S TO JUDGE.