IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 WP(C).No. 31272 of 2011(H) --------------------------------------- PETITIONERS: --------------------- 1. BINDU.C.S., W/O.LALITHKUMAR, PUTHENPURAYIL, KUTTOOR.P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT. 2. MARIYAMMA JOHN, W/O.RAVIPRAKASH, KATTIL PARAMBIL, THEEPANI, THEKKALASSERY, THIRUVALLA. BY ADVS. SRI.P.HARIDAS, SMT.LIJI KUTTAPPAN, SMT.S.SIKKY. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, PATHANAMTHITTA - 686 645. 2. REVENUE DIVISIONAL OFFICER, THIRUVALLA - 686 101. 3. SUB INSPECTOR OF POLICE, THIRUVALLA - 686 101. R1 TO R3 BY SR. GOVT. PLEADER SMT. M.J. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.31272/2011-H: APPENDIX PETITIONERS' EXHIBITS:- EXHIBIT P1- TRUE COPY OF THE THANDAPER NO.11053 OF VILLAGE OFFICER, KUTTOOR. EXHIBIT P2- TRUE COPY OF THE TAX RECEIPT NO.1151421 DATED 4.7.2011. EXHIBIT P3- TRUE COPY OF THE LICENCE ISSUED BY THE PANCHAYAT DATED 7.4.2011. EXHIBIT P4- TRUE COPY OF THE SEIZURE MAHAZAR SUBMITTED BY THE 3RD RESPONDENT DATED 14.11.2011. EXHIBIT P5- TRUE COPY OF THE COVERING LETTER ADDRESSED TO 2ND RESPONDENT SUBMITTED BY THE 3RD RESPONDENT DATED 14.11.2011. EXHIBIT P6- TRUE COPY OF THE COVERING LETTER DATED 15.11.2011 SUBMITTED BY THE 2ND RESPONDENT. EXHIBIT P7- TRUE COPY OF THE GOVERNMENT ORDER DATED 5.4.2010. EXHIBIT P8- TRUE COPY OF THE REPRESENTATION DATED 18.11.2011 SUBMITTED BY THE IST AND 2ND PETITIONERS TO THE RESPONDENTS 1 AND 2. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 31272 of 2011 H ``````````````````````````````````````````````````````````` Dated this the 2nd day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ In a property owned by the first petitioner, a JCB of which the second petitioner is the owner was used and was seized by the third respondent on the allegation of violation of provisions of Act 28 of 2008. Ext.P4 is the mahazar. Thereafter, the third respondent produced the records before the second respondent, who, in turn, made over the proceedings to the first respondent as per Ext.P6. Since there has not been any progress in the matter, this writ petition is filed. 2. Prima facie, it would appear that the proceedings initiated against the petitioners are under Act 28 of 2008 and that these proceedings are pending before the District Collector, Pathanamthitta. Therefore, it is for that authority to deal with the matter in accordance with law. This, the first respondent shall do with notice to the petitioners and as W.P.(C) No.31272/2011 : 2 : expeditiously as possible and at any rate, within six weeks from the date of production of a copy of this judgment. 3. It is directed that in the meanwhile, it will be open to the petitioners to seek interim custody of the JCB, in which event, necessary orders will be passed. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/02/12 // True Copy // P.A. To Judge