Roshan Mathew vs State of Kerala and Others

T.R. Ramachandran Nair, J.—The petitioner is the owner of a Tipper Lorry bearing Registration No. KL 36-7470 which has been seized on the allegation that the provisions of Kerala Conservation of Paddy Land and Wet Land Act has been violated. Heard learned counsel for the petitioner and learned Government Pleader.

The petitioner seeks for a direction to release the vehicle by way of interim custody and to direct the finalisation of the proceedings and also for a declaration that the vehicle bearing Registration No. KL 36-7470 has not been involved in the commission of any offence in violation of the provisions of the Act. Along with I.A. No. 7287/2012 the petitioner has produced Ext. P8 which is an application seeking interim custody of the vehicle.

The writ petition is disposed of with the following directions:

There will be a direction to the second respondent to pass appropriate orders on the application seeking interim custody of the vehicle, within a period of one week from the date of production of a copy of this judgment. It is submitted that the petitioner is prepared to offer sufficient security by way of landed property. It is upto the District Collector to pass appropriate orders with regard to the said aspect. The final adjudication will be completed within a period of three months from the date of receipt of a copy of this judgment after hearing the petitioner and after allowing an opportunity to produce evidence in the matter. No costs.