Petitioner challenging seizure of JCB for alleged paddy land filling argued land was levelled earlier. Court held prima facie evidence supports seizure and direct relief is not tenable. Directed petitioner to approach land authorities for vehicle release.
Directed petitioner to approach District Collector under Act for release of vehicle; case disposed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937
WP(C).No. 17754 of 2015 (T)
PETITIONER :
RINCY REJI, W/O. K.C. REJI,AGED 38 YEARS, KANIYARASSERY HOUSE, MANNAMKANDAM, IDUKKI DISTRICT.
BY ADV. SRI.BABU S. NAIR
RESPONDENT(S):
1. THE DISTRICT COLLECTOR,
2. THE SUB COLLECTOR,
3. THE VILLAGE OFFICER,
BY SENIOR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 17754 of 2015 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 3RD RESPONDENT DATED 27.5.2015
EXHIBIT P2: TRUE COPY OF THE NOTICE ISSUED TO THE LAND OWNER KURIAKOSE VARGHESE BY THE 2ND RESPONDENT DATED 27.4.2009
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.S.TO JUDGE
sts
K.Vinod Chandran, J.
W.P.(C).No.17754 of 2015-T
----------------------------------------
Dated this the 23rd day of June, 2015.
JUDGMENT
The petitioner is aggrieved with the seizure of a JCB, bearing registration No.KL-06-D-3168, as per Exhibit P1. The allegation in Exhibit P1 is that the JCB was seen filling up a paddy land, which was lying as a paddy land itself.
that the land was levelled as early as in 2009. To substantiate that, Exhibit P2 is produced. It is also contended by the learned counsel for the petitioner that the petitioner herein is only a vehicle owner and the JCB was hired to the land owner only since the land was seen in a filled up condition.
WP(C).No.17754 of 2015 - 2 -
come to such a conclusion, especially since the specific allegation in Exhibit P1 seizure mahazar was that JCB was seen filling up the paddy land. In such circumstance, the petitioner will have to approach the authorities under the Kerala Conservation of Paddy Land Wetland Act, 2008 for release of the vehicle. The District Collector shall obtain a report from the Village Officer and decide upon the issue as expeditiously as possible, on receipt of an application from the petitioner.
The writ petition is disposed of as above.
Sd/- K.Vinod Chandran, Judge
vku.
/ true copy /
3 issues framed by the court
Whether a petitioner hired to operate a JCB machine can seek release of vehicle merely by alleging prior leveling of land without prima facie proof of paddy land filling.
Whether seizure of JCB for alleged paddy land filling is justiciable by this Court or requires application before land authorities.
Whether the claimant vehicle operator can claim release of seized vehicle under the Kerala Conservation of Paddy Land Wetland Act 2008.
1 provisions across 1 enactments
Rincy Reji
District Collector, Idukki
Sub Collector, Devikulam
Village Officer, Mannamkandam
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
