Disposed

Mohammed Ansar v. the District Collector

Kerala HC6 Jun 2014WP(C)/12650/2014

Case brief

AI extract

What is this about?

This writ petition challenged the seizure of petitioners' vehicles allegedly used for violating the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The petitioner offered to compound the offence under minor mineral rules. The court directed the Collector to release vehicles upon representations and passed interim orders subject to security deposit.

What did the court decide?

Interim custody of vehicles granted subject to deposit of title deeds of immovable property as security; Collector directed to release vehicles upon representations.

Mohammed Ansar Vs the District Collector — Land Acquisition | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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FRIDAY, THE 6TH DAY OF JUNE 2014/16TH JYAISHTA, 1936

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WP(C).No. 12650 of 2014 (E)

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PETITIONERS:

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1. MOHAMMED ANSAR, S/O.MOHAMED KURIKKAL, PUTHUSSERI HOUSE, KOTTAPPATTA, NARUKARA P.O, MANJERI, MALAPPURAM DISTRICT.

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2. KODAKKADAN IBRAHIM,

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S/O.ALAVI HAJI, KODAKKADAN HOUSE, PATTARKULAM, MANJERI, MALAPPURAM DISTRICT.

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BY ADVS.SRI.P.SAMSUDIN, SMT.NIMA JACOB.

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RESPONDENTS:

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1. THE DISTRICT COLLECTOR, MALAPPURAM - 676 505.

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2. THE TAHSILDAR, ERNAD TALUK, MANJERI - 676 121.

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BY SR. GOVERNMENT PLEADER SRI. K.C. VINCENT.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Prv.

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W.P.(C).NO.12650/2014 – E:

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1: COPY OF THE SEIZURE MAHASAR DATED 4/3/2014.

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EXHIBIT P2: COPY OF THE APPLICATION DATED 5/4/2014 FOR COMPOUNDING THE OFFENCE FILED BY THE 1ST PETITIONER.

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EXHIBIT P3: COPY OF THE APPLICATION DATED 5/4/2014 FOR COMPOUNDING THE OFFENCE FILED BY THE 2ND PETITIONER.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

A.M.Shaffique, J.

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W.P.(C)No.12650 of 2014

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====================================

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Dated this the 6^th day of June, 2014.

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JUDGMENT

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1.Petitioners' vehicle bearing Reg.Nos.KL-10-AP-6295 and KL-

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53-E-3122 respectively had been seized based on Ext.P1

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mahazar dated 4.3.2014. It is inter alia stated that the vehicles

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were used for filling up paddy land coming under the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, (hereinafter referred to as 'the Act') and therefore, there is

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violation of the said provision.

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2.It is the contention of the petitioners that the land in question is not a paddy land as defined under the Act and at best it can only be violation of Kerala Minor Mineral Concession Rules, 1967, in which case, the petitioners are willing to compound the offence.

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However, since it is stated in the mahazar regarding violation of

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the Act aforesaid, it is for the appropriate authority to take final

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W.P.(C)No.12650 of 2014 -:2:-

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decision in the matter. In the circumstances, this writ petition is disposed of as under:

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i) Petitioners shall approach the first respondent and make necessary representation for releasing the vehicles on the grounds stated by him and the first respondent shall pass appropriate interim orders within a period of two weeks from the date of receipt of a copy of this judgment and final orders, within a period of six weeks thereafter. ii) If it is found that the provisions of the Act has no application to the facts of the present case, the Collector shall relegate the matter to the appropriate authority, if any other violation has come to the notice of the said authority. iii) The interim custody of the vehicles, if any,

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W.P.(C)No.12650 of 2014 -:3:-

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shall be granted, subject to the petitioners furnishing security by deposit of title deeds of immovable property for one and a half times value of the vehicles involved.

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A.M.Shaffique, Judge.

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sl.

Mohammed Ansar v. the District Collector

Case brief

What is this about?

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Mohammed Ansar v. the District Collector

Case brief

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