Kochumon v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 WP(C).No. 10662 of 2012 (G) PETITIONER(S) :

-------------------------- KOCHUMON, VATHAPPALLIL, THALAVADY P.O., ALAPPUZHA.

BY ADV. SRI.T.P.PRADEEP RESPONDENT(S) :

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

1. THE DISTRICT COLLECTOR, PATHANAMTHITTA, PIN- 689 645.

2. THE R.D.O.

REVENUE DIVISIONAL OFFICE, THIRUVALLA, PIN- 689 101.

3. THE VILLAGE OFFICER, KADAPRA, THIRUVALLA TALUK, PIN- 689 101.

4. CHERIAN MATHAI, PUTHEN PURACKAL HOUSE, KADAPRA-MANNAR P.O., KADAPRA VILLAGE, THIRUVALLA, PIN- 689 101.

R1 TO R3 BY GOVERNMENT PLEADER SRI.S.JAMAL R4 BY ADVS. SRI.R.GIREESH VARMA SRI.V.K.GANGADHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 10662 of 2012 (G) APPENDIX PETITIONER(S) EXHIBITS :

---------------------------------------- EXHIBIT P1:

TRUE COPY OF THE MAHAZAR PREPARED BY THE 3RD RESPONDENT DATED 22-03-2012.

EXHIBIT P2: TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY. EXHIBIT P3: TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT DATA BANK. EXHIBIT P4: TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN W.P.(C).NO.32642/2011 DATED 19-12-2011.

RESPONDENT(S)' EXHIBITS :

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

Msd.

K. VINOD CHANDRAN, J.

W.P.(C) No. 10662 of 2012 (G) Dated this the 20th day of July, 2015

J U D G M E N T

The petitioner was aggrieved with the seizure of the vehicle alleging violation of the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. 2.

The petitioner was granted interim custody of the vehicle. It is not clear as to any confiscation proceedings having been taken. In any event, the direction to release the vehicle was only on the petitioner furnishing a bond for the value of the vehicle seized. 3.

In such circumstance, the writ petition would stand closed, however, with liberty to the authority to complete the proceedings and the petitioner to challenge such order, if any, passed adverse to the petitioner. Sd/- K.VINOD CHANDRAN, JUDGE jjj