IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21600 of 2008(U)
1. SARAMMA THOMAS, MARAPPAD HOUSE
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE
... Respondent
2. THE TAHSILDAR
3. THE STATE OF KERALA
4. GEORGE OOMMEN
For Petitioner :SRI.BABU CHERUKARA
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :19/10/2010
O R D E R
S.SIRI JAGAN, J.
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W.P. (C) NO. 21600 OF 2008
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Dated this the 19th day of October, 2010.
JUDGMENT
Petitioner’s vehicle bearing registration No.KL-04-W 1526
was taken into custody by the first respondent alleging that the
vehicle was used for the purpose of transporting gravel to fill up a
paddy land. According to the petitioner, the gravel was being
transported for filling up the foundation of the residential building
being constructed by 4th respondent. Therefore, according to the
petitioner the seizure was without any bonafides. It is in the
above circumstance the petitioner has filed this writ petition
seeking the following reliefs:-
“(a) issue a writ of mandamus or any other appropriate
writ or order directing the respondents 1 to 3 to release
the vehicle No.KL-04 W-1526 to the petitioner forthwith at
least on furnishing security for the purpose forthwith.
(b) Issue any other orders as this Hon’ble court deems fit
and proper in the facts and circumstances of the case and
also those are prayed for during the pendency of the writ
petition.”
2. At the time of admission I had directed release of the
vehicle to the petitioner on execution of a bond for an amount of
Rs.10,000/-. It is submitted that pursuant to the interim order the
vehicle has been released also.
3. No counter affidavit has been filed by the respondents in
W.P. (C) NO. 21600 OF 2008 2
this writ petition. The seizure of the vehicle can only be made if
legal provisions authorise the same. Filling up of paddy land is
governed by the Kerala Land Utilisation Order at the relevant
time. That law does not authorise the seizure of the vehicle even
if the same is being used for transporting gravel for filling up of
paddy land. No other legal provision was relied upon before me
in support of the seizure. As such, the seizure is clearly illegal and
unsustainable. Therefore, the seizure of the petitioners vehicle
and all further proceedings pursuant to the same are hereby
quashed. Consequently the release of the vehicle by the interim
order is made absolute and the bond issued by the petitioner for
release of the petitioners vehicle shall stand cancelled. The 2nd
respondent shall return the bond to the petitioner immediately.
The writ petition is allowed as above.
S.SIRI JAGAN, JUDGE.
mns