High Court of KeralaWP(C)/4587/2015disposed of

Basheer v. The District Collector

2015-02-12Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 12TH DAY OF FEBRUARY 2015/23RD MAGHA, 1936 WP(C).No. 4587 of 2015 (W) --------------------------- PETITIONER :

----------------------- BASHEER, S/O. ABDUL RAHMAN, AGED 30 YEARS, KALATHOTTIL HOUSE, CHERUVATTUR P.O.,KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. (OWNER OF A LORRY BEARING REGISTRATION NO.KL-17-E-8223).

BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

----------------------------

1. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT-682 030.

2. THE SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, ERNAKULAM DISTRICT-682 101.

3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 TO R3 BY SR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 4587 of 2015 (W) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE MAHASSAR DTD. 26.2.2014 PREPARED BY THE SECOND RESPONDENT IN CONNECTION WITH THE SEIZURE OF THE VEHICLE OF THE PETITIONER.

P2 :

COPY OF THE REPRESENTATION DTD. 7.1.2015 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 4587 of 2015 -------------------------------------------- Dated this the 12 th day of February, 2015

JUDGMENT

The petitioner is the owner of the vehicle bearing KL-17-E8223. The said vehicle was seized by the second respondent alleging offence under the relevant provisions of the Act 28 of 2008. Ext.P1 is the seizure mahazar in this regard.

2. The case of the petitioner is that, the concerned property is not a 'paddy land' or 'wet land' as per the definition under Sections 2(xii) and 2(xviii) of the Act 28 of 2008; being effected reclamation decades back. According to the petitioner, the seizure is per se wrong and illegal in all respects and hence interference of this Court is sought for.

3. Heard the learned Government Pleader as well.

4. In the above circumstance, the writ petition is disposed st respondent/District Collector to consider and of directing the 1 pass appropriate order on Ext.P2 representation preferred by the petitioner, granting interim custody of the above vehicle within 'two weeks' from the date of receipt of a copy of this judgment,

W.P.C. No. 4587 of 2015 -2subject to furnishing adequate security either by way of Bank guarantee or by way of immovable properties to the satisfaction st respondent, reckoning 11⁄2 times value of the vehicle. of the 1 st respondent shall finalize the proceedings forming the The 1 subject matter of Ext.P1 seizure mahazar in accordance with law, after hearing the petitioner and also verifying the entries in the Data Bank Register and such other relevant records, at the earliest at any rate, within 'two months' from the date of receipt of a copy of this judgment.

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

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