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. 411 of 2008(Y) ------------------------ PETITIONER: ------------ K.S.NOORJAHAN, W/O ALI KHAN, AGED 47 YEARS, AL-NOOR, KANCHINALLOOR, MUTTOM P.O., HARIPAD, ALAPPUZHA. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 2. THE REVENUE DIVISIONAL OFFICER, (SUB DIVISIONAL MAGISTRATE), THIRUVALLA. 3. THE TAHSILDAR, TALUK OFFICE, THIRUVALLA. 4. THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, THIRUVALLA. BY GOVT. PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2008, ALONG WITH WP(C) NO.481/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------- W.P(C) Nos. 411 & 481 OF 2008 ----------------------------------- Dated this the 23rd day of January, 2008 JUDGMENT The prayer in these writ petitions is for a direction to release trucks bearing registration No.KL-4/S.1033 and KL-29/A.208 to the petitioners, who are its registered owners. It is contended that while the petitioners' trucks were proceeding to the construction site, the 4th respondent intercepted the vehicles and seized both the trucks, on 09.12.07. Since then the vehicles are in the custody of the 4th respondent. 2. When the writ petitions came up for orders on 15.01.08, it was adjourned with a direction to the counsel for the petitioner to produce the seizure mahazar to know the case of such seizure. Today, the seizure mahazar was produced and it is stated in the mahazar that the trucks were seen returning after dumping ordinary earth in some paddy fields. If that be so, the violation alleged could only be of the provisions of the Kerala Land Utilisation order. The learned Government Pleader also submits that it is only on the allegation that the Kerala Land Utilisation order has been violated that the trucks in question have been WPC Nos. 411 and 481 of 2008 2 seized. I have gone through the provisions of the Land Utilisation order. A reading of this order would show that there is no provision enabling seizure of the trucks involved. Section 7 of the Essential Commodities Act also does not authorise such a step by the respondents. If that be so, the seizure of the trucks in question is to be held unauthorised. For this reason, I direct that the 4th respondent shall release the trucks mentioned above to the petitioners herein. This shall be done forthwith on the production of a copy of this judgment. ANTONY DOMINIC, JUDGE btt WPC Nos. 411 and 481 of 2008 3