IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 1954 of 2008(G) ------------------------- PETITIONERS: --------------- 1. LISSY JOY, AGED 38, W/O.JOY, KULANGARA HOUSE, KIZHAKKAMBALAM, ERNAKULAM DISTRICT. 2. RAHMA NADIRSHA, AGED 35, W/O.P.A.NADIRSHA, PAREKKATTIL HOUSE, NOCHIMA, ALUVA, ERNAKULAM DISTRICT. 3. A.KARUPPUSWAMY, AGED 31, S/O.N.ARUMUGHAN, V/5, ALAMVALASU, THOPPAN PATTI, PALANI, TAMIL NADU STATE. BY ADV. SRI.K.C.ELDHO RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF LAND REVENUE, GOVERNMENT SECRETARIAT, TRIVANDURM. 2. THE DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, KAKKANAD, KOCHI - 30. 3. THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, KAKKANAD P.O., ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER, SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2008, ALONG WITH WPC NO. 1998 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------- W.P(C) Nos. 1954 & 1998 OF 2008 ----------------------------------- Dated this the 23rd day of January, 2008 JUDGMENT In WP(C) No.1954 of 2008, the prayer is to release the LMV tractor fitted with dozer bearing Registration No.KL-17/D-4717, LMV Tractor fitted with dozer bearing Registration No.KL-7/AB- 9547 and LMV tractor fitted with dozer bearing Registration No.TN-57/Z-3939 to the petitioners 1, 2 and 3 respectively. In WP (C) No. 1998 of 2008, the prayer is to release the tipper lorry bearing registration No.KL-5/P-8107 to the petitioner. 2. While petitioners contend that the tractors and the tipper lorry were seized on 11.01.08, without any rhyme or reason, the learned Government Pleader on instructions submit that the allegation against the petitioners is that they have violated the provisions of the Kerala Land Utilisation Order. If that be the allegation, the question is whether there is any provision enabling the authorities to seize the vehicle. Having gone through the provisions of the Kerala Land Utilisation order, I notice that there is no such provision and this view has been taken by this Court in the judgment in WP(C) No. WPC Nos. 1954 & 1998 of 2007 2 411 and 481 of 2008. If that be so, the seizure of the tractors and the lorry in question has to be treated as unauthorised. For this reason, I direct that the tractors and the tipper lorry mentioned above shall be released to the petitioners forthwith on the production of a copy of this judgment. ANTONY DOMINIC, JUDGE btt WPC Nos. 1954 & 1998 of 2007 3