IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 34978 of 2009(N) -------------------------- PETITIONER(S): --------------- M.GOPAKUKMARAN NAIR, `SYLENDRI', WEST FORT, FORT P.O., THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.RAJAN VELLOTH SRI.RAFEEK. V.K. SRI.PRATHAP PILLAI RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, KAZHAKUTTAM POLICE STATION, KAZHAKUTTAM, THIRUVANANTHAPURAM. 3. THE VILLAGE OFFICER, KAZHAKUTTAM VILLAGE, KAZHAKUTTAM, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 34978 OF 2009 -------------------------- Dated this the 4th day of December, 2009 J U D G M E N T Heard Sri. Nagaraj Narayanan, the learned counsel appearing for the petitioner and Sri. P.Narayanan, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a goods vehicle bearing registration No.KL-01/AR 8712. The said vehicle was seized by the Village Officer on 5.8.2009 on the ground that it was used to transport soil for the purpose of filling up paddy land. A report was thereafter submitted before the District Collector, Thiruvananthapuram, alleging violation of the provisions of the Kerala Conservation of Paddy Land and Wet Lands Act, 2008 and the Rules framed thereunder. The petitioner thereupon moved the District Collector by filing an application dated 10.8.2009 seeking interim custody of his vehicle. The District Collector passed Ext.P3 order dated 18.9.2009 releasing petitioner's vehicle by way of interim custody on the petitioner furnishing a bond for Rs.1,00,000/-. Ext.P3 is under challenge in this writ petition wherein the petitioner seeks a direction to the District Collector to release the vehicle to him by way of interim custody, without insisting on any security. 3. The pleadings disclose that the petitioner's vehicle was seized on 5.8.2009. Nearly four months have passed thereafter. If the petitioner W.P.(C) No. 34978/09 2 is not in a position to furnish a bond for Rs.1,00,000/- as stated in Ext.P3 order, it is open to him not to take interim custody of the vehicle and to await the outcome of the proceedings initiated by the District Collector. Since the petitioner's vehicle has been seized and is in the custody of the respondents since 5.8.2009, I am of the opinion that ends of justice will be met if the District Collector, Thiruvananthapuram is directed to pass final orders in the proceedings initiated by him expeditiously. I, accordingly dispose of this writ petition with a direction to the District Collector, Thiruvananthapuram, to pass final orders in the proceedings initiated by him under the Kerala Conservation of Paddy Land and Wet Lands Act, 2008 and the Rules framed thereunder within six weeks from the date on which the petitioner produces a certified copy of this judgment before him, after notice to and affording the petitioner a reasonable opportunity of being heard. The District Collector shall after final orders are passed, communicate a copy thereof to the petitioner expeditiously. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 34978/09 3