IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 WP(C).No. 14625 of 2008(N) --------------------------------- PETITIONER(S): ------------------- 1. AJAYAKUMAR, S/O.RAVUNNI, AGED 45 YEARS, KOTTILINGAL HOUSE, KADAVALLUR, THRISSUR DISTRICT. 2. PADMANABHAN.P.A., S/O.APPUNNI, PUTHUPARAMBIL HOUSE, KORATTIKKARA, THRISSUR DISTRICT. 3. REKHA.K.R., W/O.PADMANABHAN, PUTHUPARAMBIL HOUSE, KORATTIKKARA, THRISSUR DISTRICT. 4. VIJAYAN.C., CHENNATHODI HOUSE, EDAYOOR NORTH, VALANCHERY, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------------- 1. THE ADDITIONAL TAHSILDAR, PONNANI, MALAPPURAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT. R1 & R2 BY GOVT.PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/10/2010, THE COURT ON 19/10/2010 DELIVERED THE FOLLOWING: SVS/ WP(C).No. 14625/2008(N) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 27/03/2008 AS NO.D1/2995/08/K.DIS. OF THE R.D.O., THRISSUR. P2: COPY OF THE SEIZURE MAHAZAR PREPARED BY THE FIRST RESPONDENT DATED 09/05/2008. P3: COPY OF THE ORDER DATED 09/01/2008 OF THE HON'BLE HIGH COURT OF KERALA IN WPC.NO.1129/2008. RESPONDENT'S EXHIBITS NIL. /TRUE COPY P.A. TO JUDGE SVS/ S.SIRI JAGAN, J. ----------------------------------------- W.P. (C) NO. 14625 OF 2008 ---------------------------------------- Dated this the 19th day of October, 2010. JUDGMENT The petitioners vehicles (Tipper lorries and Excavators) bearing registration Nos.KL-8Y/3900, KL-8AA/1112, KL-48/2525 and KL-10Z/2215 were seized on allegations of violation of the provisions of the Kerala Land Utilization Order. According to the petitioners, the petitioners have not violated any provisions under the Kerala Land Utilization Order and the Kerala Land Utilization Order does not contain any provisions enabling the respondents to seize vehicles for alleged violation of the provisions of the said law. Petitioners therefore seeks the following reliefs:- “i) Issue a writ of mandamus or any other appropriate writs, orders of directions commanding the respondents to release the vehicles bearing registration Nos.KL- 8Y/3900, KL-8AA/1112, KL-48/2525 and KL-10Z/2215 to the respective petitioners, forthwith, unconditionally; ii) Declare that the seizure of the vehicles belonging to the petitioners by the first respondent is illegal, and without jurisdiction;” 2. At the time of admission this Court has passed an interim order on 16.5.2008 as follows:- “Urgent notice. There will be an interim direction as prayed for, on the petitioners giving an undertaking that they will produce the lorries as and when they are called upon to produce them and they will not alienate or dispose of the said vehicles pending disposal of the writ petition.” W.P. (C) NO. 14625 OF 2008 2 No counter affidavit has been filed by the respondents. In view of the same without prejudice to the right of the petitioners to take all their contentions before the first respondent while passing final orders pursuant to the seizure, this writ petition is disposed of in terms of the interim order. S.SIRI JAGAN, JUDGE. mns