The High Court of Kerala quashed an order and directed the release of the petitioner's seized Hitachi vehicle. The court held that levelling garden land did not violate the Conservation Act, aligning facts with _Deepu v. District Collector_.
Ext.P7 set aside; District Collector directed to deliver the seized Hitachi vehicle to the petitioner forthwith.
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 N.NAGARESH
THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, 1944
WP(C) NO. 28679 OF 2022
PETITIONER:
SINOJ I.V
AGED 40 YEARS
S/O IBRAHIMKUTTY, VALIYATH HOUSE,
PUTHENCHANTHA PO, PANMANA,
KOLLAM DISTRICT-, PIN – 691583
BY ADV ARUN MATHEW VADAKKAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR KOLLAM, COLLECTORATE, CIVIL STATION ROAD, KOLLAM DISTRICT, PIN - 6910132 THE TAHSILDAR KARUNAGAPPALLY TALUK, TALUK OFFICE, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN - 6905183 THE VILLAGE OFFICER, PANMANA VILLAGE OFFICE,PANMANA, KOLLAM-, PIN - 691583SMT.VIDYA KURIAKOSE GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.28679 of 2022
2
JUDGMENT
Dated this the 1st day of December, 2022
The petitioner, who is owner of certain extent of land in Panmana Village of Karunagappally Taluk in Kollam District,
is before this Court seeking to quash Ext.P7 and to direct respondents 1 and 2 to release Hitachi bearing Chassis No.11015905 to the petitioner.
3rd respondent-Village Officer alleging that the petitioner has
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WP(C) No.28679 of 2022
reclaimed paddy land. Thereafter, the petitioner approached the 1st respondent-District Collector for release of the vehicle. The petitioner was directed to deposit an amount of ₹7,50,000/- for release of his Hitachi.
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WP(C) No.28679 of 2022
Bank, has been described as ‘Nilam’ in Revenue records including Basic Tax Register. Therefore, if any person is converting such land, it can be only after obtaining permission. The activity conducted by the petitioner using Hitachi vehicle would definitely come under the definition of reclamation under the Kerala Conservation of Paddy Land and Wetland Act, 2008. The writ petition is therefore liable to be dismissed, contended the Government Pleader.
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WP(C) No.28679 of 2022
trees and fruit yielding Pulimaram, Vattamaram, etc. Therefore, it is evident that the land is, at present, in the nature of a garden land.
cannot be treated as violation of Section 27A for want of permission. I find that the facts of the case are similar to the
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facts involved in Deepu v. District Collector (supra).
The writ petition is disposed of as above.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.28679 of 2022
7
APPENDIX OF WP(C) 28679/2022
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE RECEIPT DATED
09.05.2022WITHRESPECTTO
PETITIONER'S PROPERTY ISSUED BY THE
PANMANA VILLAGE OFFICE, KARUNAGAPPALLY
TALUK, KOLLAM DISTRICT
Exhibit P2TRUE COPY OF THE REPORT OF THE 3RD
RESPONDENT DATED 04.04.2022
Exhibit P3TRUE COPY OF THE NO OBJECTION
CERTIFICATE DATED 08.01.2019 ISSUED BY
SREI EQUIPMENT FINANCE LTD TO THE
PETITIONER
Exhibit P4TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT DATED 23.05.2022
Exhibit P5TRUE COPY OF THE JUDGMENT IN WP©
23829/2020 DATED 08.01.2021 OF THIS
HON'BLE COURT
Exhibit P6TRUE COPY OF THE JUDGMENT IN WP©
18961/2022 DATED 13.06.2022 OF THIS
HON'BLE COURT
Exhibit P7TRUE COPY OF THE ORDER PASSED BY THE
1ST RESPONDENT DATED 12.07.2022
NUMBERED AS DCKLM/4929/2022-L10
Exhibit P8TRUE COPY OF CERTIFICATE DATED
17.11.2022 ISSUED BY THE AGRICULTURAL
OFFICER, PANMANA
RESPONDENTS’ EXHIBITS : NIL
2 issues framed by the court
Whether seizure of the petitioner's Hitachi vehicle for clearing waste and channeling storm water on garden land was illegal under the Kerala Conservation of Paddy Land and Wetland Act, 2008.
Whether levelling or importing earth on unnotified garden land constitutes a violation of Section 27A requiring Revenue Divisional Officer permission.
Colour shows how this judgement treated each authority
Deepu v. District CollectorApplied¶8
_Deepu v. District Collector_ [2022 (4) KLT 583]
Sinoj I.V
The District Collector Kollam
The Tahsildar Karunagappally Taluk
The Village Officer, Panmana
N.Nagareesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court