IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WA.No. 1423 of 2010 ------------------------ AGAINST THE JUDGEMENT IN WPC.22426/2010 Dated 27/07/2010 .................... APPELLANT/PETITIONER --------------------------- ABDULLA KOZHIKODAN,AGED 58 YEARS, S/O.MOHAMED KUTTY, ACHANTHODIYIL HOUSE, PALLICKAL PO, MALAPPURAM-673 653.REPRESENTED BY POWER OF ATTORNEY AGENT,K.FIROZ, S/O.ABDULLA KOZHIKODAN, ACHANTHODIYIL HOUSE, PALLICKAL PO, MALAPPURAM-673 653. BY ADV. SRI.R.SUDHISH RESPONDENTS/RESPONDENTS ---------------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM 2. THE REVENUE DIVISIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT. BY SR.GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.A. No. 1423 of 2010 ------------------------------------------ Dated this the 7th day of September, 2010 JUDGMENT J.Chelameswar, C.J. Aggrieved by a judgment dated 27th July, 2010 in W.P.(C) No.22426 of 2010 the unsuccessful petitioner therein preferred the instant appeal. 2. The appellant is the owner of a vehicle bearing Registration No.KL-10/Z-7397 which was seized invoking the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. Section 20 of the said Act authorises seizure and confiscation of the vehicles which are found to be involved in contravention of the provisions of the said Act. As there is no specific provision in the said Act enabling grant of interim custody of the vehicle seized under the said Act during the pendency of the confiscation proceedings, the appellant herein filed the abovementioned writ petition seeking interim custody of the vehicle during the pendency of the proceedings under the Act. 3. By the judgment under appeal a learned Judge of this Court dismissed the writ petition, but however directed the first W.A. No.1423 of 2010 - 2 - respondent District Collector to conclude the proceedings initiated under the abovementioned Act as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of the judgment. We do not see any reason to interfere with the judgment under appeal. The judgment is dated 27.7.2010. We, therefore, direct the first respondent to complete the proceedings initiated against the abovementioned vehicle within a period of two weeks from today failing which the first respondent shall release the vehicle to the appellant on condition that the appellant deposits thirty percent of the value of the vehicle as assessed by the concerned Regional Transport Officer and furnishes security either immovable property or bank guarantee for the balance value of the vehicle. Writ appeal is disposed of as above. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns