JIJEEV Vs. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM

JUDGEMENT

(1.) PETITIONER is the absolute owner and in possession of excavator bearing registration No.KL 25 6836 as evident from Ext.P1 copy of the Certificate of Registration.

(2.) IT is averred in the writ petition that the excavator was seized while levelling a property of one Mr.Babu Antony, by the second respondent-Revenue Divisional Officer with the help of the third respondent. IT is the case of the petitioner that the property is a garden land and only with the intention to construct a house, the property was being levelled by Mr.Babu Antony. IT is therefore, submitted that there is no violation of the provisions of the Wet Land Act.

(3.) THEREFORE, the writ petition is disposed of with the following directions: If the petitioner files an application along with a certified copy of this Judgment before the fourth respondent-District Collector for interim custody of the vehicle, the District Collector will see that appropriate orders are passed with regard to the request of interim custody of the excavator within ten days, expeditiously. The petitioner will also forward a copy of the writ petition along with the above application to the fourth respondent for compliance. No costs.