The High Court of Kerala dismissed the revision petition filed by the District Collector challenging the release of an excavator. The court found no illegality in the appellate order setting aside confiscation, as the land in question was not covered by the relevant data bank.
Revision petition dismissed.
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.
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CRP No.228 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944
CRP NO. 228 OF 2020
AGAINST THE ORDER/JUDGMENT IN CMA 43/2018 OF ADDITIONAL
DISTRICT & SESSIONS COURT - V, KOLLAM
REVISION PETITIONER/S:
THE DISTRICT COLLECTOR,
CIVIL STATION , KOLLAM
BY ADV C.P.PRADEEP, GOVERNMENT PLEADER
RESPONDENT/S:
SAIJU,
AGED 53 YEARS
S/O LEKSHMANAN, AKKAVILAYIL, SREESARAVANA NAGAR-23,
ERAVIPURAM VILLAGE, KOLLAM.
BY ADV SRI.MILLU DANDAPANI
THIS CIVIL REVISION PETITION HAVING COME UP
FOR ADMISSION ON 13.06.2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
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CRP No.228 of 2020
C.S DIAS,J.
---------------------------
CRP No.228 of 2020
----------------------------Dated this the 13th day of June, 2022.
ORDER
The revision petition is filed challenging the order dated 12.2.2019 passed in CMA No.43/2018 by the Court of the Additional District Judge-V, Kollam.
who was the respondent in the appeal and the respondent was the appellant before the court below.
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CRP No.228 of 2020
Thrikkadavoor Village in Kollam District. These lands are included in the data bank prepared under Sec.5(4) of the Act, by using the above-mentioned excavator. The authorised officer had seized the excavator. Annexure I prepared by the Local Level Monitoring Committee shows that the properties are recorded as ‘nilam’ . Annexure II is the gazette notification which substantiates the classification of land. Annexure III mahazar prepared by the Village Officer also proves that the vehicle was used for the illegal conversion of the property. A person named Binu, had on behalf of the respondent, deposed before the Deputy Collector that the properties are included in the data bank and the respondent has applied before the Local Level Monitoring Committee, to remove the entry from the data bank. The deposition given by the respondent is Annexure IV. On the basis of the abovesaid findings, the District Collector had passed Annexure V. Aggrieved by Annexure V, the respondent preferred the appeal. However, the Appellate Court, without considering the materials on record, passed the impugned
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CRP No.228 of 2020
order. The impugned order is erroneous, illegal and improper. Hence the revision petition.
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CRP No.228 of 2020
On an anxious consideration of the pleadings and materials on record, especially the impugned order passed by the court below and taking note of Annexure II it is quite evident that resurvey No.155/5-2 is not included in Annexure II and resurvey No.155/8 is partly converted land. Thus, the finding of the Appellate Court that the provisions of the Act are not applicable to the property in question is correct and justifiable. I do not find any
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CRP No.228 of 2020
illegality, impropriety or irregularity in the impugned order, which is passed on the basis of appreciation of facts, warranting the exercise of the revisional jurisdiction of this Court. The revision petition is groundless and is dismissed.
SD/-
sks/13.06.2022
C.S.DIAS, JUDGE
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CRP No.228 of 2020
APPENDIX OF CRP 228/2020
PETITIONER ANNEXURES
ANNEXURE 1TRUE COPY OF THE REPORT NO A-6668/18 DATED
30.4.2018 OF THE SUB COLLECTOR, KOLLAM
ANNEXURE 11TRUE COPY OF THE RELEVANT PAGE OF THE DATA
BANK PUBLISHED IN THE KERALA GOVERNMENT
GAZETTE DATED 24.3.2012
ANNEXURE 111TRUE COPY OF THE MAHAZAR PREPARED BY THE
VILLAGE OFFICER
ANNEXURE IVTRUE COPY OF THE DEPOSITION GIVEN BY THE
RESPONDENT
ANNEXURE VTRUE COPY OF THE ORDER OF THE DISTRICT
COLLECTOR, KOLLAM
2 issues framed by the court
Whether there is any illegality in impugned order.
Whether the provisions of the Act were applicable to the property in question.
2 provisions across 1 enactments
THE DISTRICT COLLECTOR, CIVIL STATION , KOLLAM
SAIJU
C.S.DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court