SUDHEER SUKUMARAN Vs. DISTRICT COLLECTOR THIRUVANANTHAPURAM

JUDGEMENT

(1.) The petitioner claims to be the owner in possession of the properties covered by Ext P1 land tax receipt. He is aggrieved by the seizure of his vehicles and other materials by respondents 2 and 3 from his property without any authority.

(2.) It is the case of the petitioner that he was carrying out works that were allotted to him as per Ext P2 selection notice issued by the fourth respondent. On an anonymous complaint, on 4.1.2021, the respondents 2 and 3 seized the vehicles belonging to the petitioner bearing registration Nos KL-21C-9424, KL-21-K-6410, KL-22M-6028, KL-04AB- 5221 and KL-22N-9862 (Bob cat). The petitioner contends that the seizure is illegal and unwarranted and flouting the provisions of Sec.19 of the Code of Criminal Procedure, 1973 ( in short 'Code'). The respondents 2 and 3 have seized the vehicles without the presence of any witness and without preparing a seizure mahazar as contemplated under the Code.

(3.) Aggrieved by the seizure of the vehicles and the materials, the petitioner has preferred Ext P5 representation before the first respondent, but no action has been taken on the same. The petitioner has again submitted Ext P9 representation before the respondents 1 and 2 for the release of the vehicles and materials, but there is inaction on the part of the said respondents. Hence the petitioner seeks for a direction to the respondents 1 to 3 to release the aforesaid vehicles and other materials seized from the petitioner's property .