Bechamol Saju vs The District Collector on 4 June, 2010

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Kerala High Court
Bechamol Saju vs The District Collector on 4 June, 2010
       

  

  

 
 
  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.

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