Petitioners challenged vehicle confiscation under Kerala Conservation of Paddy Land and Wet Land Act, alleging violation of the Act. Court disposed of the petition without observing on merits.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 17TH DAY OF MAY 2016/27TH VAISAKHA, 1938
WP(C).No. 15540 of 2016 (N) ----------------------------
PETITIONERS:
1. P. BALAKRISHNAN POOVATHOOR HOUSE, MOOKKUTHALA PO, MALAPPURAM DISTRICT, PIN 679574 (OWNER OF THE SEIZED VEHICLE)
2. P.G.MANIKANDAN AGED 38, S/O.GOPINATHAN, POOTNOTTATHU VALAPPIL, MOOKKUNTHALA PO, VADAKKUM MURI, MALAPPURAM (DRIVER OF THE VEHICLE)
BY ADVS.SRI.V.MAHENDRANATH
SRI.R.SYLESHWAREN NAIR SMT.M.VISHNUPRIYA
RESPONDENTS:
1. THE DISTRICT COLLECTOR CIVIL STATION, MALAPPURAM DISTRICT, PIN 676 505
2. THE VILLAGE OFFICER
BY SR.GOVERNMENT PLEADER SRI. BIJU MEENATTOOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 15540 of 2016 (N)
APPENDIX
PETITIONERS' EXHIBITS
P1 TRUE COPY OF THE SAID SEIZURE MAHAZAR DATED 16.11.2015 PREPARED BY THE 2ND RESPONDENT
P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF MAHINDRA TIPPER WITH REG. NO. KL. 10 S 7781
RESPONDENT(S)' EXHIBITS
NIL
//TRUE COPY//
P.A. TO JUDGE
JJJ
K. VINOD CHANDRAN, J.
W.P.(C) No. 15540 of 2016 (N)
Dated this the 17th day of May, 2016
J U D G M E N T
The petitioner is aggrieved with the confiscation of the vehicle alleging violation of the provisions of Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for brevity 'Act'). The vehicle was seized on 16.11.2015 and it is submitted that no proceedings have been taken under the Act till date. Specifically, there is a provision for confiscation in the Act as provided in Section 20. The proviso to Section 20 also speaks of payment of a sum equal to one and a half times the value of the seized article in lieu of confiscation so as to get release of the vehicle.
W.P.(C) No. 15540/2016
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Act the Collector definitely has to call for a report and decide on the confiscation, after hearing the petitioner and if confiscation is ordered the petitioner would have the right to move an application for obtaining release of the vehicle under the proviso to Section 20 of the Act. The Collector, on the application of the petitioner, shall consider the same expeditiously.
The writ petition is disposed, without any observation on the merits of the case.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 17/5/16
1 provisions across 1 enactments
P. Balakrishnan Poovathoor House, Mookkuthala Po, Malappuram District
P.G. Manikandan
The District Collector Civil Station, Malappuram District
The Village Officer, Alankode, Nannamukku Po, Malappuram District
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
