IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 7897 of 2011(J) ------------------------- PETITIONERS: --------------- 1. PALANISWAMY, S/O.KANTHASWAMY, 9/289,PUTHUNAGARAM,PALAKKAD 2. C.RAVEENDRAN, S/O.GOVINDAN, CHIRAKKAL HOUSE, PULASSERY P.O.,PATTAMBI, PALAKKAD 3. MOHAN C, S/O.KUMARAN, CHARAPPARAMBIL HOUSE,NADUVATTOM, PATTAMBI, PALAKKAD 4. GIREESH C, S/O.NARAYANAN, CHITTANIPPARA HOUSE, MARUTHUR P.O., PATTAMBI,PALAKKAD BY ADV. MR. JACOB SEBASTIAN RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, PALAKKAD, PIN 678 001 2. THE REVENUE DIVISIONAL OFFICER, OTTAPPALAM, PIN 679 101 3. THE ADDITIONAL TAHSILDAR, OTTAPPALAM, PIN 679 101 4. THE SUB INSPECTOR OF POLICE, CHALISSERY POLICE STATION,CHALISSERY, PALAKKAD DISTRICT, PIN 679 025. BY SENIOR GOVERNMENT PLEADER MR. P. N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 7897 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 14th day of March, 2011 JUDGMENT The grievance of the petitioners is that, the vehicles bearing Nos. KL 01 AD 664, KL 52 4260, KL 9T 8153 and KL 52A 3087 belonging to them are stated as seized by the 4th respondent, alleging violation of the provisions under the Conservation of Paddy and Wet Land Act, 2003. 2. The learned counsel for the petitioners submits that, the petitioner has approached the first respondent for appropriate relief, pointing out the lack of jurisdiction and the incompetence of the authority, who seized the vehicles. It is also stated that, the property wherein the earth was unloaded is a dry land, which is stated as discernible from Ext. P7. The said report has been forwarded by the Additional Tahasildar to the first respondent and hence the petitioners approached the first respondent for redressal of their grievance. However, without any regard to the contents of Ext. P7, the first respondent sought the authorities of the Motor Vehicles Department to furnish the market value of the vehicles concerned, which according to the petitioners is only to pass adverse orders contrary to the factual and legal position. W.P. (C) No. 7897 of 2011 2 3. Heard the learned Government Pleader as well, who submits, with reference to the materials on record that the matter has to be considered and finalized by the first respondent in accordance with law and the same will be pursued and finalized accordingly. In the above circumstances, the first respondent is directed to consider and finalize the issue forming the subject matter of this Writ Petition with reference to the relevant records, including the contents of Ext. P7. The final orders as above shall be passed, after giving an opportunity of hearing to the petitioners, as expeditiously as possible, at any rate, within 'two weeks' from the date of receipt of a copy of this judgment. Petitioners shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd