IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 16094 of 2010(J) -------------------------- PETITIONER(S): --------------- BECHAMOL SAJU, NJARALAKKATHU THURUTHIYIL KOTHANALLOOR P.O., KOTTAYAM DISTRICT. BY ADV. SRI.N.M.JAMES SRI.J.JAYAKUMAR SRI.S.JIJI RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE REVENUE DIVISIONAL OFFICER, PALA. 3. THE VILLAGE OFFICER, KANNAKKARI, KOTTAYAM DIST. 4. THE SUB INSPECTOR OF POLICE, KURUVILLANGAD, KOTTAYAM DIST. 5. THE VICE PRESIDENT & CHAIRMAN, FINANCE STANDING COMMITTEE, KANAKKARI GRAMA PANCHAYAT, KOTTAYAM DISTRICT. GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 16094 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th day of June, 2010. J U D G M E N T The petitioner's earth remover (JCB) has been seized by the revenue officials. According to the petitioner, the same has been seized without any reason. The petitioner has therefore filed this writ petition seeking the following relief: “Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondents 1, 2 & 4 to release the JCB bearing No. KL-5/L. 1303 owned by the petitioner in the interest of justice.” 2. The learned Government Pleader, on instructions, submits that the JCB has been seized on allegations of violation of the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 and proceedings are pending before the District Collector. 3. I have considered the rival contentions in detail. 4. In view of the fact that proceedings under the Act are in progress, I am not inclined to interfere with the proceedings. However, naturally, the District Collector would take some time to pass final orders in the matter, after affording an opportunity of being heard to the petitioner. In the meanwhile, the JCB is being kept in the open subject to the vagaries of nature. In the case of proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, this Court has in District Collector, Malappuram v. Abdul Kasim, 2010 (1) KLT S.N. 31 (Case No. 38) laid down the principles regarding interim custody of the vehicle. I am satisfied that in this case also, the same course of action can be taken. The petitioner has already submitted Ext. P3 application for interim custody. In the above circumstances, the writ petition is disposed of as follows: W.P.C. No. 16094/2010. -: 2 :- The petitioner shall appear before the District Collector on 11-6-2010. On that day, the District Collector shall hear the petitioner on the question of interim custody and pass appropriate orders thereon in accordance with the principles laid down in the above said decision. Orders shall be passed within another week. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.