High Court of KeralaWP(C)/1000/2015disposed of

Sibikutty Thomas v. The District Collector, Alappuzha

2015-01-12Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 WP(C).No. 1000 of 2015 (Y) --------------------------- PETITIONER(S):

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SIBIKUTTY THOMAS, AGED 52 YEARS, S/O. THOMAS, KAKKADAMPALLY VEEDU, CHAMPAKULAM, KUTTANAD, ALAPPUZHA.

BIJU K., AGED 40 YEARS, S/O. KRISHNAN, MEENATHERIL (VRINDAVAN), EVOOR, CHEPPAD, ALAPPUZHA.

A.SHANMUGHASUNDARAM, AGED 46 YEARS, S/O. ANNAMALAYIL, NORTH STREET 2/4, KEEZHEPILLAYARKULAM P.O., THIRUNALVELI DISTRICT, TAMIL NADU.

BY ADVS.SRI.K.SHAJ SRI.SAJJU S.

RESPONDENT(S):

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THE DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA - 681 001.

THE SUB INSPECTOR OF POLICE, HARIPPAD POLICE STATION, HARIPPAD - 690 012.

BY SENIOR GOVERNMENT PLEADER SRI.K.C.VINCENT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

WP(C).No. 1000 of 2015 (Y) APPENDIX PETITIONER(S) EXHIBITS :

----------------------- EXHIBIT P1TRUE COPY OF THE SEIZURE MAHAZAR OF THE EXCAVATOR OF THE FIRST PETITIONER.

EXHIBIT P2TRUE COPY OF THE SEIZURE MAHAZAR OF THE EXCAVATOR OF THE SECOND PETITIONER.

EXHIBIT P3TRUE COPY OF THE SEIZURE MAHAZAR OF THE EXCAVATOR OF THE THIRD PETITIONER.

EXHIBIT P4TRUE COPY OF THE PETITION FILED BY THE FIRST PETITIONER. EXHIBIT P5TRUE COPY OF THE PETITION FILED BY THE SECOND PETITIONER.

EXHIBIT P6TRUE COPY OF THE PETITION FILED BY THE THIRD PETITIONER. EXHIBIT P7TRUE COPY OF THE ORDER NO.C2-55310/2014 DATED 22/12/2014 OF THE FIRST RESPONDENT.

RESPONDENT(S)' EXHIBITS :

----------------------- NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

P.R. RAMACHANDRA MENON, J.

----------------------------------- W.P(C). No. 1000 of 2015 ------------------------------------------- Dated this the 12th day of January, 2015

J U D G M E N T

The petitioners are the owners of the vehicles with model Hitachi EX60-Excavator having Serial No.IOF 1223, Tata Hitachi Ex70 Hydrolic Excavator having Serial No.07030141 and EX60 G model Hitachi Excavator having Serial No.10F-0189, which were seized by the 2nd respondent. The said vehicles were taken to custody as per Exts.P1 to P3 seizure mahazars, alleging offences committed under the relevant provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The petitioners filed Exts.P4 to P6 petitions before the 1st respondent for releasing custody of the vehicles. After considering the same, Ext.P7 interim order was passed on 22.12.2014, whereby the petitioners have been required to satisfy 30% of the value of the vehicles and to furnish security by way of 'Bank Guarantee' or 'Bond' as specified therein, so as to cause custody of the vehicle to be released to the petitioners. The petitioners have moved this Court seeking for modification to the said order, to the effect that the petitioners are ready to satisfy security by way of immovable

WP(c). No.1000 of 2015 properties and the prayer is to cause the vehicles to be releas d.

Heard the learned Government Pleader as well. 3.

On going through the pleadings and proceedings it is seen that, the offence levelled against the petitioners is under Kerala Conservation of Paddy Land and Wet Land Act, 2008 and not under the Kerala Protection of River Banks and Regulation of Removal of Sand Act,2001. This being the position, the reliance sought to be placed on the decision rendered by this Court in Shan C.T. V. State of Kerala (2010 (3) KHC 333) as referred to in Ext.P7 is having no application at all. As a matter of fact, the liability under Act 28/2008, to redeem the vehicle, is to an extent of 1 1⁄2 times of the market value of the vehicle. If the petitioners offer security to the said extent, the request can be considered, submits the learned Government Pleader.

The learned counsel for the petitioners readily agrees to the said proposal and undertakes that the petitioners are ready to furnish security by way of immovable property to the said extent, to the satisfaction of the authorities concerned. 5.

In the said circumstances, the petitioners are set at

WP(c). No.1000 of 2015 liberty to furnish security by way of immovable properties to the extent of 1.5 times of the value of the concerned vehicles before the 1st respondent, upon which interim custody of the vehicles shall be released to the petitioners forthwith. It for the 1st respondent to finalise the proceedings in accordance with law, as expeditiously as possible, at any rate within 'three months' from the date of receipt of a copy of this judgment, passing final orders in respect of the proceedings forming the subject matter of Ext.P7.

The writ petition stands disposed of. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for further steps. Sd/- P.R. RAMACHANDRA MENON, JUDGE.