Disposed

Nawas.P.S v. District Collector

Kerala HC14 Dec 2016WP(C)/39678/2016

Case brief

AI extract

What is this about?

The High Court of Kerala, in a writ petition, disposed of the matter by directing the village officer to forward seized vehicle files to the Collector within one week and directing the Collector to adjudicate the case within two months.

What did the court decide?

Direction to transmit seized vehicle files and complete adjudication within two months; thus disposed of the writ petition no costs.

Nawas.P.S Vs District Collector — Motor Accident Claims | Kerala HC (2016)

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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 K.VINOD CHANDRAN

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WEDNESDAY, THE 14TH DAY OF DECEMBER 2016/23RD AGRAHAYANA, 1938

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WP(C).No. 39678 of 2016 (H) ----------------------------

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PETITIONER(S):

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NAWAS.P.S AGED 32 YEARS, S/O SULAIMAN PUTHALATH HOUSE, WEST VELIYATHUNADU, VELIYATHUNADU P.O, ALUVA-683511

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BY ADVS.SRI.V.JOHN SEBASTIAN RALPH SMT.F.ANCY SMT.A.AMRUTHA VIDYADHARAN

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANADU, ERNAKULAM, PIN -682030.

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2. STATION HOUSE OFFICER, ALUVA WEST POLICE STATION, ALUVA 6835511

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3. VILLAGE OFFICER, KARUMALLOOR VILLAGE, ALUVA-683511.

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4. ABDUL LATHEEF, AGED 50 YEARS, SON OF N.P. VEERA, NAALUMURIKKAL HOUSE ALANGADU P.O, KOTTAPURAM, ALUVA -683511.

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R1 -R3 BY SR. GOVERNMENT PLEADER SRI. SURIN GEORGE IPE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MLG

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WP(C).No. 39678 of 2016 (H)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE BEARING REGISTRATION NUMBER KL-36-3469.
EXHIBIT P2 TRUE COPY OF GOODS CARRIAGE PERMIT OF VEHICLE BEARING REGISTRATION NUMBER KL-36-3469 VALID FROM 12/08/2014 TO 11/08/2019.
EXHIBIT P3 TRUE COPY OF POLLUTION UNDER CONTROL CERTIFICATE OF VEHICLE BEARING REGISTRATION NUMBER KL-36-3469 VALID TILL 28/03/2017
EXHIBIT P4 TRUE COPY OF CERTIFICATE OF FITNESS OF VEHICLE BEARING REGISTRATION NUMBER KL-36-3469 VALID FROM 29/09/2016 TO 28/09/2016
EXHIBIT P5 PHOTOGRAPHS.
EXHIBIT P6 TRUE COPY OF THE SEIZURE MAHAZAR ALONG WITH REPORT TO 1ST RESPONDENT DATED 17/11/2016

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RESPONDENT(S)' EXHIBITS NIL

//TRUE COPY//

P.S TO JUDGE

MLG

K. VINOD CHANDRAN, J.

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W.P.(C) No. 39678 of 2016 (H)

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-----------------------------------------Dated: 14^th December, 2016

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J U D G M E N T

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The writ petition is filed, aggrieved with the seizure of Tipper Lorry bearing Registration No.KL-363649, alleging offence under Section 20 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short 'Paddy Land Act'). The petitioner seeks expeditious conclusion of the proceedings.

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The provisions of seizure and release of vehicles have to concede to Section 20 of the Paddy Land Act. The power is conferred on the Collector to initiate confiscation proceedings and there is also a provision by which the Collector can release the vehicle after taking 1½ times of the value of the vehicle.

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W.P.(C) No. 39678/2016

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-2-

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In such circumstance, the Village Officer, the 3^rd respondent, shall transmit the files relating to seizure of the vehicle to the District Collector, the 1^st respondent herein, within one week from the date of receipt of a certified copy of this judgment and the 1^st respondent shall issue notice of hearing to the petitioner and complete the adjudication process, at any rate, within a period of two months thereafter.

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The writ petition is disposed of. No Costs.

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Sd/K.VINOD CHANDRAN, JUDGE

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jjj 14/12/16

Nawas.P.S v. District Collector

Case brief

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Nawas.P.S v. District Collector

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