IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 5839 of 2010(D) -------------------------------------- PETITIONER(S): ----------------------- BABU, S/O.ANTONY, 2/29, CHAKKALACKAL, KONGURPILLY, NORTH PARAVUR. BY ADV. MR.B.KRISHNA MANI RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. ADDITIONAL THAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE, CHERANALLUR POLICE STATION, ERNAKULAM DISTRICT. 4. THE VILLAGE OFFICER, CHERANALLUR , ERNAKULAM DISTRICT. R1 TO R4 BY SR. GOVERNMENT PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5839/2010-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of March, 2010 J U D G M E N T The petitioner herein is the owner of a Tipper Lorry bearing Registration No.KL-07-AQ-1025. Ext.P1 is the copy of the certificate of Registration in respect of the vehicle. He is having a goods carriage permit as is evident from Ext.P2. 2. Aggrieved by the seizure of the vehicle by the Village Officer, Cheranallur, on 28/12/2009, the petitioner has filed this writ petition. The vehicle has subsequently been handed over to the third respondent herein. 3. Even though the petitioner has been moving the authorities for getting the release of the vehicle, according to him, he was directed to remit a fine of Rs.50,000/-. 4. Heard the learned Government Pleader appearing for the respondents. It is the submission of the learned Government Pleader that the vehicle was used for filling up the paddy land and, therefore, the proceedings are pending under the various provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (Act 28 of 2008). 5. The seizure of the vehicle has been effected by the Village Officer herein and as per the provision, W.P.(C). No.5839/2010 -:2:- Section 19 of the Act, any officer of the Revenue Department not below the rank of a Revenue Divisional Officer or any Officer authorised by the Government in this behalf or any police officer not below the rank of a Sub Inspector alone is competent to seize the vehicle. In that view of the matter, seizure of the vehicle by the Village Officer cannot be supported. 6. Since, further proceedings are pending against the vehicle, the vehicle can be released to the petitioner on execution of a bond to the satisfaction of the first respondent. Therefore, on execution of a bond with two solvent sureties to the satisfaction of the first or the third respondent, the vehicle will be released by the third respondent. The petitioner will not transfer the vehicle or take any action to damage the vehicle in the meanwhile. Further action under the Act will be finalised within a period of three months. The petitioner can raise all his contentions before the first respondent which will be considered by the first respondent also. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms