K.K.KARNAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner's vehicles, an Excavator (JCB) bearing registration No.KL-40/K-7376 and a Tipper lorry bearing registration No.KL-22/F-6802 were seized by the 4 th respondent Village Officer, on 20.07.2015, alleging reclamation of paddy land in violation of the provisions under the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Rules made thereunder.

(2.) The document marked as Ext.P1 is the seizure mahazar prepared by the Village Officer. The vehicles were seized alleging reclamation of property having an extent of 13.4 Ares in Survey No.245/2 of Chelamattom Village, which according to the petitioner is a coconut plantation. The document marked as Ext.P2 is a copy of the draft data bank in respect of Block No.8 in Chelamattom Village, in which it is shown that the property in question is having coconut trees aged 20 years. Though the petitioner approached the Judicial First Class Magistrate Court, Perumbavoor seeking interim custody of the aforesaid vehicles, that application was dismissed by order dated 03.08.2015 in C.M.P.Nos.923 and 924 of 2015 on the ground that no criminal case was registered. Thereafter, the petitioner moved W.P(C).No.24268 of 2015 before this Court, which was disposed of by Ext.P3 judgment directing the 4th respondent Village Officer to produce the Excavator (JCB) bearing registration No.KL-40/K-7376 and the Tipper lorry bearing registration No.KL-22/F-6802 before the 1st respondent District Collector within a period of three days from the date of receipt of a certified copy of that judgment and on production of the aforesaid vehicles before the 1 st respondent, it would be open to the petitioner to move an appropriate application before the 1st respondent for seeking interim custody of the vehicles. Pursuant to the direction contained in Ext.P3 judgment, the 1st respondent passed Ext.P4 conditional order dated 14.10.2015 releasing the vehicles to the petitioner. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash clause No.3 in Ext.P4 order whereby attachment of his property was ordered. The petitioner has also sought for a writ of mandamus commanding the 1st respondent to vacate the order of attachment as per Clause 3 of Ext.P4 and make corresponding entries in the revenue records.

(3.) On 19.10.2016, when this writ petition came up for admission, this Court admitted the matter on file and issued notice to the respondents.