Pushparagam P vs District Geologist Department Of Mining And Geology, Kesavadasapuram, Pattom Palace P.O., Thiruvananthapuram, Pin 695004

Anu Sivaraman, J

This writ petition is filed seeking the following reliefs :-

“(A) To issue a writ, direction or order directing the 1st and 2nd respondents to release the 'Goods Carrier-Tipper vehicle bearing No.KL-37-C-8981 to the petitioner.

(B) To issue a writ, direction or order directing the 1st and 2nd respondents to take prompt steps in releasing 'Goods Carrier-Tipper' vehicle bearing No.KL-37-C-8981 to the petitioner in assurance and compliance of Exhibit P2 mineral transit pass.

(C) To issue a writ, direction or order directing the 1st respondent to consider and dispose of Exhibit P3 representation within a time frame fixed by this Honourable Court.”

Heard the learned counsel for the petitioner and the learned Government Pleader.

It is submitted by the learned counsel for the petitioner that the petitioner's vehicle was carrying ordinary earth on the basis of Ext.P2 mineral transit pass and the vehicle was seized and detained without any mahazar being prepared. The petitioner approached the 1st respondent with Ext.P3 request, but the vehicle was not released.

The learned Government Pleader submits, on instructions, that the vehicle was seized after the hours mentioned in the transit pass and that on an apprehension that the ordinary earth was being transported in violation of the conditions of the transit pass for the purpose of filling up of reclamation of paddy land, the seizure records of the vehicle were being forwarded to the District Collector. It is submitted that a mahazar has been prepared and the same has been forwarded to the District Collector.

Having considered the contentions advanced, I am of the opinion that the seizure of the vehicle, without a copy of the mahazar prepared being handed over to the petitioner was completely improper. Further, a mere apprehension that the earth contained in the vehicle could be used for reclamation of paddy land is not a ground for invoking the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008.

In the above view of the matter, in case the petitioner approaches the additional 3rd respondent District Collector with a request for release of the vehicle, the said request will be considered by the District Collector at the earliest and in case the facts stated are correct, the vehicle shall be released to the petitioner. Appropriate orders shall be passed by the District Collector on the application for release of the vehicle, within a week from the date on which the petitioner approaches the District Collector with an appropriate application for release.