Lijo John vs District Collector

N.Nagaresh, J

The petitioner is aggrieved by seizure of his Excavator/JCB by the 3rd respondent-Station House Officer.

The petitioner states that his Excavator/JCB bearing registration No.KL-40C-6703 has been seized by the 3rd respondent on 23.11.2022. The petitioner would state that the Excavator/JCB has been used for conducting setback work and levelling of land for construction purpose of one Mr.Basheer. The construction was strictly according to Ext.P2 Building Permit and Ext.P3 Development Permit. Therefore, the seizure of the vehicle is illegal and unsustainable.

Counsel for the petitioner pointed out that as per second proviso to Rule 14(2) of the Kerala Minor Mineral Concession Rules, 2015, in cases where the levelling of land and extraction of ordinary earth is involved, the Building Permit shall be accompanied by an Approved Building Plan obtained from the Local Self Government Authorities concerned which shall contain the area of land to be developed for construction of the building and the quantity of earth to be extracted for such construction.

Heard the learned counsel for the petitioner and the learned Senior Government Pleader representing the respondents.

Since the Station House Officer has already intimated the seizure to the 2nd respondent-Geologist, it will be in the fitness of things that the petitioner approaches the Geologist pointing out the afore facts and seek release of the Excavator/JCB of the petitioner.

The writ petition is therefore disposed of permitting the petitioner to approach the 2nd respondent-Geologist for release of the Excavator/JCB on the grounds urged by the petitioner. If an application is submitted by the petitioner, the same shall be considered and a decision shall be taken thereon, within a period of ten days from the date of receipt of the application.