LINEESH V.T Vs. STATE OF KERALA

JUDGEMENT

(1.) The case set up in this Writ Petition (Civil) is as follows:

(2.) Heard Sri. Varghese C. Kuriakose, learned counsel appearing for the petitioner and Smt. Priya Shanavas, learned Government Pleader appearing for the respondent Nos. 1 to 4 . In the nature of the orders proposed to be passed in this writ petition, notice to the 5th respondent (Land owner) will stand dispensed with.

(3.) The main contentions of the petitioner are as follows: The seizure of vehicle bearing Regn No.KL08-D05077 tanker lorry which is intended for goods carriage by the 4 th respondent inthe purported exercise of powers under Section 19 of Kerala Act 28 of 2008 is illegal, improper, unjust and unsustainable. As a matter of fact, it can only be with a view to adhere to the compliance of the provisions of Kerala Act 28 of 2008 that the powers under Section 19 can be invoked. Here, the land is question was converted much prior to the coming into force of Kerala Act 28 of 2008. In such circumstances, the exercise of powers under Section 19 is highly illegal, unjust and unsustainable. In such circumstances, the vehicle is liable to be returned to the petitioner forthwith. It was for that purpose Ext.P5 has been submitted. So far, no action has been taken on the same. Hence, the respondents No.2 and 3 or the concerned among them are liable to be directed to forthwith take action to release the vehicle to the petitioner as prayed for in Ext.P5, etc., it is urged.