IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24639 of 2010(D)
1. VISWAMBHARAN, AGED 41,
... Petitioner
2. BASHEER, S/O.KUNJUMUHAMMED,
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DISTRICT COLLECTOR, ERNAKULAM.
3. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :05/08/2010
O R D E R
S. Siri Jagan, J.
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W.P(C) No. 24639 of 2010
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Dated this, the 5th day of August, 2010.
J U D G M E N T
Petitioners are owners of two vehicles, which have been seized
as per Ext. P4 seizure mahazar. Ext. P4 seizure mahazar does not
state as to for what violation the vehicles have been seized. The
petitioners approached the Judicial First Class Magistrate,
Perumbavoor seeking interim custody of the vehicles, in which Ext.P1
order was passed by the Magistrate holding that he has no jurisdiction
insofar as the vehicles have been seized under the Kerala Land
Utilization Order or the provisions of law by which they were seized.
The petitioner submits that subsequently, the District Collector to
whom the seizure mahazar was forwarded, has referred the matter to
the Geologist who has issued Ext. P2 . According to the petitioners,
the issue is governed by Ext. P3 Government Order and therefore the
seizure itself is not valid.
2. The learned Government Pleader, on instructions, submits
that the seizure is under the Kerala Conservation of Paddy Land and
Wet Land Act and therefore the petitioner should approach the
District Collector under that Act only. He submits that insofar as the
seizure is under that Act, Exts.P2 and P3 have no application in this
regard.
3. In the light of the above submission, the learned counsel for
the petitioners submits that the District Collector may be directed to
pass an order as contemplated under law.
In the above circumstances, this writ petition is disposed of with
a direction to the 2nd respondent District Collector to pass orders
W.P.C. No. 24639/2010 -: 2 :-
pursuant to the seizure, as expeditiously as possible, at any rate,
within one month from the date of receipt of a copy of this judgment.
Sd/- S. Siri Jagan, Judge.
Tds/
[TRUE COPY]
P.S TO JUDGE.