Dismissed

Siraj N.M. v. the District Collector

Kerala HC14 Feb 2023WP(C)/227/2023

Case brief

AI extract

What is this about?

The court dismissed a writ petition challenging the seizure of a tipper lorry for land filling. It directed the petitioner to approach the District Collector for adjudication regarding the vehicle's release, noting the conflict between the seizure and a prior court judgment removing the land from the data bank.

What did the court decide?

The writ petition is dismissed with a direction to approach the District Collector for an adjudication regarding the release of the seized vehicle.

Siraj N.M. Vs the District Collector — Land Acquisition | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 14TH DAY OF FEBRUARY 2023 / 25TH MAGHA, 1944

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WP(C) NO. 227 OF 2023

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PETITIONER:

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SIRAJ N.M.
AGED 46 YEARS
S/O. JABBAR, AGED 46 YEARS, NEELMBRA MEETHAL HOUSE,
NOCHAD, KOZHIKODE DISTRICT, PIN - 673614
BY ADV K.RAKESH

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, KOZHIKODE DISTRICT, PIN - 673001

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2 THE TAHSILDAR KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN - 673001

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3 THE VILLAGE OFFICER THALAKKULATHUR, KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN - 673001 SRI.P.S.APPU, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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14.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 227 OF 2023

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JUDGMENT

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Dated this the 14^th day of February, 2023

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This writ petition is filed seeking the following prayers:

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“i) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the 2^nd and 3^rd respondents to release Tipper Lorry bearing registration No.KL-77-2340 forthwith to the petitioner;

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(ii) Declare that the seizure of vehicle by the 3^rd respondent is illegal as there cannot be an allegation of reclamation of paddy land when the said land is removed from the data bank published in Thalakkulathur Panchayath by an order dated 30-6-2022 issued by the Sub Division Magistrate and Sub-Collector, Kozhikode”

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Heard the learned counsel for the petitioner and the learned

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Government Pleader.

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It is submitted by the learned counsel for the petitioner that the petitioner is the owner of a Tipper Lorry bearing registration No.KL 772340 which was seized by the 3^rd respondent on 29.12.2022 alleging that the same was found transporting red earth to fill a paddy land comprised in Re-Survey No.47/10 of the Thalakkulathur Village in Kozhikode Taluk. It is submitted that the seizure is illegal, since the property comprised in Re-Survey No.47/10 is removed from the data bank. The learned counsel for the petitioner also relies on Ext.P3 judgment of this Court.

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WP(C) NO. 227 OF 2023

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The learned Government Pleader submits, on instructions, that the

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vehicle was seized from the property comprised in Re-Survey No.47/10 which is specifically included in the data bank. It is submitted that the residents of the locality had detained the vehicle and had informed the police.

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Having considered the contentions advanced and in view of the

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fact that the respondents specifically state that the property from which

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the vehicle was seized is included in the finalized data bank, I am of the opinion that the petitioner has to approach the District Collector for an adjudication in the matter with regard to release of the vehicle. In case the petitioner approaches the District Collector with a representation seeking release of the vehicle, all issues of the matter shall be considered by the District Collector in accordance with law.

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This writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN

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JUDGE

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NP

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WP(C) NO. 227 OF 2023

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APPENDIX OF WP(C) 227/2023

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`PETITIONER’S EXHIBITS`
`Exhibit P1` `A TRUE COPY OF THE MAHASSER PREPARED BY THE` `3RD RESPONDENT ON 29-12-2022`
`Exhibit P2` `A TRUE COPY OF THE ORDER OF THE SUB DIVISION` `MAGISTRATE AND SUB-COLLECTOR, KOZHIKODE DATED` `30-6-2022`
`Exhibit P3` `A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE` `COURT IN W.P(C).NO.39482/2022 DATED 14-12-` `2022`

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RESPONDENTS’ EXHIBITS: NIL

Siraj N.M. v. the District Collector

Case brief

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Siraj N.M. v. the District Collector

Case brief

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