Petitioner challenged arbitrary seizure of lorries. Court directed respondents to refer the land nature dispute to the Collector for fact adjudication and set a timeline for finalization.
Order directing respondents to refer facts to the District Collector for adjudication and finalize proceedings within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936
WP(C).No. 2714 of 2015 (L)
PETITIONER :
SAITHALAVI, S/O.KOYUNNI, AGED 50 YEARS, PUTHENVALAPPIL, PALLAM P.O., DESAMANGALAM VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT (OWNER OF LORRIES BEARING REGISTRATION NO.KL-48-4095 AND KL-48-C-36)
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT(S):
1. THE VILLAGE OFFICER, CHERUTHURUTHY VILLAGE,
THRISSUR DISTRICT-680 001.
2. THE SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION, THRISSUR DISTRICT-680 001.
3. THE DISTRICT COLLECTOR, THRISSUR DISTRICT-680 001.
4. STATE OF KERALA,
R1 TO R4 BY SR GOVERNMENT PLEADER SRI.K.C.VINCENT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 2714 of 2015 (L)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 : TRUE COPY OF THE MAHASSAR DT. 1-1-15 PREPARED BY THE FIRST RESPONDENT. EXHIBIT P2 : TRUE COPY OF THE RELEVANT PAGE OF FAIR VALUE REGISTER OF LAND REGISTER OF GOVERNMENT OF KERALA PUBLISHED IN OFFICIAL GAZETTE. EXHIBIT P3 : TRUE COPY OF THE CERTIFICATE DT. 20-12-14 ISSUED BY THE MULLOORKARA-ATTOOR GROUP VILLAGE OFFICER. EXHIBIT P4 : TRUE COPY OF THE G.O.NO.12/14/ENVT. DT. 15-11-14. EXHIBIT P5 : TRUE COPY OF THE GO(MS)NO.20/14/ID DT. 12-2-14 ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIAL DEPARTMENT, GOVERNMENT OF KERALA.
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
P.R. RAMACHANDRA MENON J.
W.P.(C) No. 2714 of 2015
Dated, this the 5th day of February, 2015
JUDGMENT
The petitioner, who is stated as the owner of the lorries bearing Nos. KL 48 4095 and KL 48 C 36 , is aggrieved of seizure of the said vehicles by the first respondent as per Ext. P1 mahazar and in an arbitrary manner, absolutely without any rhyme or reason. The learned counsel for the petitioner points out that the said lorries were seized while carrying ordinary earth and were proceeding along the road.
W.P.(C) No. 2714 of 2015
: 2 :
W.P.(C) No. 2714 of 2015
: 3 :
petitioner furnishes security in the form of 'bank guarantee' or immovable property for 1.5 times of the value of the vehicle and on giving an undertaking that the vehicles will not be alienated till the proceedings are finalized.
Petitioner shall produce a copy of this judgment along with copy of the writ petition before the 3rd respondent for further respondent.
Sd/-
P. R. RAMACHANDRA MENON, (JUDGE)
kmd
1 issue framed by the court
Whether the enquiry into land classification suitable to be admitted by the collector.
SAITHALAVI
THE VILLAGE OFFICER, CHERUTHURUTHY VILLAGE
THE SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION
THE DISTRICT COLLECTOR, THRISSUR DISTRICT
STATE OF KERALA
P. R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
