High Court of KeralaWP(C)/29373/2015disposed of

Brijo v. The Village Officer

2015-10-05Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 WP(C).No. 29373 of 2015 (V) ---------------------------- PETITIONER(S):

-------------------------- BRIJO, S/O OUSEPH, AGED 35 YEARS, KUTTIKKATTIL HOUSE, ERUMAPETTY P.O., ERUMAPETTY VILLAGE, THRISSUR DISTRICT, (OWNER OF A LORRY BEARING REGISTRATION NO.KL-7-AU-5292).

BY ADV. SRI.P.M.ZIRAJ.

RESPONDENT(S):

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

1. THE VILLAGE OFFICER, ANAKKARA VILLAGE, PALAKKAD DISTRICT -678 702.

2. THE DISTRICT COLLECTOR, PALAKKAD DISTRICT-678 702.

3. THE DISTRICT GEOLOGIST, PALAKKAD DISTRICT-678 702.

BY GOVT. PLEADER SMT.C.K. SHERIN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 29373 of 2015 (V) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: TRUE COPY OF THE MAHASSAR PREPARED BY THE FIRST RESPONDENT DATED 20.08.2015.

EXHIBIT P2: TRUE COPY OF ORDER UNDER CLAUSE 6 OF THE KERALA LAND UTILIZATION ORDER DATED 17.11.1984 ISSUED BY THE ASSISTANT COLLECTOR, OTTAPPALAM.

EXHIBIT P3: TRUE COPY OF THE BUILDING PERMIT DATED 15.07.2015 ISSUED BY THE SECRETARY, ANAKKARA GRAMA PANCHAYATH.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.29373 of 2015 ****************************************************************************** Dated this the 5th day of October, 2015

JUDGMENT

The petitioner's vehicle bearing registration No.KL-7-AU-5292 has been seized alleging violation of the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The petitioner's case is that this is a converted land and he is reclaiming the land for constructing residential building based on Ext.P2 order under Clause 6 of the Kerala Land Utilisation Order (for short, the 'Order').

This Court is of the view that the second respondent shall verify whether any order has been issued under Clause 6 of the Order. If the construction is being undertaken based on a valid order, the vehicle shall be released to the petitioner without any conditions. Needful shall be done within one week from the date of receipt of a copy of this judgment by passing appropriate orders, otherwise, proceedings shall be concluded within a period of six weeks after hearing the petitioner.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln