Ramalingam v. The Village Officer, Peruvemba Village

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 WP(C).No. 14477 of 2015 (H) ------------------------------------------- PETITIONER(S) :

------------------------- RAMALINGAM, AGED 52 YEARS, S/O.SUBAIAH, RESIDING AT NALLU/169, UDUMALAI P.O., PERIYAKOTTA VILLAGE, UDUMALAI, (OWNER OF JCB BEARING REGISTRATION NO.KL.09.W.7373). BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S) :

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

1. THE VILLAGE OFFICER, PERUVEMBA VILLAGE, PALAKKAD DISTRICT- 679 533.

2. THE DISTRICT COLLECTOR, PALAKKAD DISTRICT- 679 533.

BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 14477 of 2015 (H) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

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

TRUE COPY OF THE SEIZURE MAHAZAR DATED 20.04.2015 PREPARED BY THE RESPONDENT.

EXHIBIT P2:

TRUE COPY OF THE GO(MS)NO.20/14/ID DATED 12.02.2014 ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIAL DEPARTMENT, GOVERNMENT OF KERALA.

EXHIBIT P3:

TRUE COPY OF THE INTERIM ORDER DATED 24.04.2015 IN W.P.(C).NO.13021 OF 2015 OF THIS HONOURABLE COURT. EXHIBIT P4:

TRUE COPY OF THE RELEVANT PAGES OF DRAFT DATA BANK OF PERUVEMBA GRAMA PANCHAYATH.

EXHIBIT P5:

TRUE COPY OF THE COMMUNICATION ISSUED BY THE FIRST RESPONDENT BEFORE THE SECOND RESPONDENT CERTIFYING THAT THE ALLEGED LAND IS A PURAYIDOM AND NOT INCLUDED IN THE DRAFT DATA BANK.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- EXHIBIT R1(A):

A TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK.

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

Msd.

A.M.SHAFFIQUE, J * * * * * * * * * * * * W.P.C.No.14477 of 2015 ---------------------------------------- Dated this the 26th day of October 2015

J U D G M E N T

This writ petition has been filed by the petitioner alleging that the vehicle has been seized on the allegation that there is violation of Kerala Minor and Mineral Concession Rules, 2015. 2.

Statement has been filed before this Court by the 1st respondent inter alia stating that the vehicle has been seized as it was involved in filling up of paddy land and the violation alleged is with reference to the provisions under the Kerala Conservation of Paddy Land and Wet Land Act, 2008.

3.

The facts being so, it shall be open for the petitioner to approach the competent authorities and contest the matter in accordance with the procedure prescribed.

With the above observation, this writ petition is closed. (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr //true copy// PA to Judg