Disposed

Parthasaradhi v. Sub Inspector of Police, Pazhayannur Police Station

Kerala HC18 Jul 2018WP(C)/21834/2018

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought direction to the District Collector to consider his application to substitute a bank guarantee with property seized for excavation violation. The court directed authorities to decide within three weeks.

What did the court decide?

Directive issued to the District Collector to consider the petitioner's application for substitution of bank guarantee with property and attain finality within three weeks.

Parthasaradhi Vs Sub Inspector of Police, Pazhayannur Police Station — Kerala HC (2018) — LawSathi Research

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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 SHAJI P.CHALY

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WEDNESDAY, THE 18TH DAY OF JULY 2018 / 27TH ASHADHA, 1940

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WP(C).No. 21834 of 2018

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PETITIONER(S)

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PARTHASARADHI S/O.VASU, AGED 39 YEARS, PANNIKULAMB, PERINGOTUKURISSY.P.O., PERINGOTTUKURISSY VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT (OWNER OF EXCAVATOR BEARING REGISTRATION NO.KL-11-AB-7076)

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BY ADV.SRI.AMARNATH R LAL

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RESPONDENT(S):

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1. SUB INSPECTOR OF POLICE PAZHAYANNUR POLICE STATION, THRISSUR DISTRICT- 680 001

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2. THE DISTRICT COLLECTOR THRISSUR DISTRICT- 680 001

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BY SR.GOVERNMENT PLEADER SRI.P.M.MANOJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 21834 of 2018 (D)

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PETITIONER(S)' EXHIBIT P1	EXHIBITS TRUE COPY OF THE MAHASSAR PREPARED BY THE FIRST RESPONDENT DATED 8.10.2017
EXHIBIT P2	TRUE COPY OF THE REPORT DATED 10.11.2017 SUBMITTED BY THE FIRST RESPONDENT BEFORE THE SECOND RESPONDENT
EXHIBIT P3	TRUE COPY OF THE ORDER DATED 17.11.2017 IN CMP NO 8453/2017 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKKANCHERRY.
EXHIBIT P4	TRUE COPY OF THE RECEIPT DATED 21.11.2017 ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT
EXHIBIT P5	TRUE PHOTOGRAPHS OF THE PROPERTY IN WHERE PETITIONER ALLEGEDLY USED THE EXCAVATOR
EXHIBIT P6	TRUE COPY OF THE BUILDING PERMIT DATED 22.5.2014 ISSUED BY THE THIRUVALWAMALA GRAMA PANCHAYATH
EXHIBIT P7	TRUE COPY OF THE JUDGMENT OF THIS HONORABLE COURT DATED 10.4.2018 IN WPC NO 6919/2018
EXHIBIT P8	TRUE COPY OF THE REPORT DATED 10.11.2017 SUBMITTED BY VILLAGE OFFICER, THIRUVALWAMALA BEFORE THE SECOND RESPONDENT WHICH WAS OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P9	TRUE COPY OF THE REPORT DATED 20.1.2018 SUBMITTED BY THE SECRETARY, THIRUVALWAMALA GRAMA PANCHAYATH OBRAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P10	TRUE COPY OF THE REPORT ALONG WITH THE PERFORMA REPORT SUBMITTED BY THE AGRICULTURAL OFFICER, THIRUVALWAMALA DATED 3.1.2018 OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT
EXHIBIT P11	TRUE COPY OF THE ORDER DATED 7.6.2018 ISSUED BY THE SECOND RESPONDENT
EXHIBIT P12	TRUE COPY OF THE INFORMATION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

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RESPONDENT'S EXHIBITS : NIL

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\TRUE COPY \ PA TO JUDGE

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jm/

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SHAJI P.CHALY, J.

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

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W.P.(C) No.21834 of 2018

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======================== Dated this the 18^th day of July 2018

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JUDGMENT

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Petitioner's excavator bearing Reg.No.KL-11-AB-7076

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was seized by the 1^st respondent. The subject issue is pending consideration before the 2^nd respondent in accordance with the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. Apparently petitioner has submitted an application seeking interim custody of the aforesaid vehicle, and the 2^nd respondent has passed Ext.P11 order directing to the petitioner to provide bank guarantee for an amount of Rs.15,45,000/-. The case put forth by the petitioner is that, he is unable to provide bank guarantee for various reasons and specifically for the financial constrains. Thereupon, petitioner has submitted Ext.P12 before the 2^nd respondent seeking to substitute the bank guarantee with the property belonging to the

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W.P.(C) No.21834 of 2018

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petitioner. The same is pending consideration. The sole relief sought for by the petitioner is direction for early consideration of Ext.P12.

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Having heard learnd Counsel for the petitioner and the learned senior Government Pleader, there will be a direction to the 2^nd respondent to consider Ext.P12 in accordance with law and attain finality to the same at the earliest and at any rate within three weeks from the date of receipt of a copy of this judgment.

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The writ petition is disposed of accordingly.

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Sd/ SHAJI P.CHALY JUDGE

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jm/

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\True copy \

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PA to Judge

Parthasaradhi v. Sub Inspector of Police, Pazhayannur Police Station

Case brief

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Parthasaradhi v. Sub Inspector of Police, Pazhayannur Police Station

Case brief

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