Robin.T.B vs State Of Kerala

Anu Sivaraman, J

This writ petition is filed seeking the following reliefs :-

“(i) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to forthwith release the tipper bearing No.KL-13 S-2163 and Kinglev Mini excavator to the petitioner.

(ii) to declare that the respondents have no authority to seize or confiscate the tipper and kinglev mini excavator, which are not used for any activity in contravention of the provisions of the Kerala Conservation of Paddy land and Wetland Act, 2008 and Mines and Minerals (Development and Regulation) Act, 1957.”

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

It is submitted by the learned counsel for the petitioner that the tipper lorry bearing registration No.KL-13 S-2163 and mini excavator belonging to the petitioner had been seized by the 5th respondent on 23.1.2023. The allegation was that the petitioner had excavated red earth from a property in Pallithazam and had used the vehicles for depositing the said red earth in the property belonging to Sunny Nallekavungal. It is submitted that the property of the said person is not included in the data bank as evidenced by Ext.P4 and therefore, the petitioner is entitled to release of his vehicles in tune with the judgment of this Court in Deepu D. v. The District Collector, Collectorate, Kollam [2022 (4) KLT 583].

The learned Government Pleader submits that the petitioner has approached the District Collector with Ext.P6 request and that the factual aspects raised in the request are liable to be considered in accordance with law.

Having considered the contentions advanced and in view of the specific contention raised by the petitioner that the land which was being levelled was not a paddy land, I am of the opinion that Ext.P6 request for release of the vehicles submitted by the petitioner is liable to be considered by the District Collector, in accordance with law.

There will, accordingly, be a direction to the 2nd respondent to take up Ext.P6 request made by the petitioner for release of the vehicles and to consider and pass orders on the same, considering the specific contention raised by the petitioner that the property is not paddy land. Necessary shall be done within a period of one week from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.