IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 24639 of 2010(D) -------------------------- PETITIONER(S): --------------- 1. VISWAMBHARAN, AGED 41, S/O.PARAMESWARAN NAIR, ARAYIDATH VEEDU, KUZHIKATUKARA, PUTHENCRUZ VILLAGE, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT. 2. BASHEER, S/O.KUNJUMUHAMMED, MUTHIRAPARAMBU VEEDU, KOTTAPURAM KARA, ALANGAD VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION. GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 24639 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 5th day of August, 2010. J U D G M E N T Petitioners are owners of two vehicles, which have been seized as per Ext. P4 seizure mahazar. Ext. P4 seizure mahazar does not state as to for what violation the vehicles have been seized. The petitioners approached the Judicial First Class Magistrate, Perumbavoor seeking interim custody of the vehicles, in which Ext.P1 order was passed by the Magistrate holding that he has no jurisdiction insofar as the vehicles have been seized under the Kerala Land Utilization Order or the provisions of law by which they were seized. The petitioner submits that subsequently, the District Collector to whom the seizure mahazar was forwarded, has referred the matter to the Geologist who has issued Ext. P2 . According to the petitioners, the issue is governed by Ext. P3 Government Order and therefore the seizure itself is not valid. 2. The learned Government Pleader, on instructions, submits that the seizure is under the Kerala Conservation of Paddy Land and Wet Land Act and therefore the petitioner should approach the District Collector under that Act only. He submits that insofar as the seizure is under that Act, Exts.P2 and P3 have no application in this regard. 3. In the light of the above submission, the learned counsel for the petitioners submits that the District Collector may be directed to pass an order as contemplated under law. In the above circumstances, this writ petition is disposed of with a direction to the 2nd respondent District Collector to pass orders W.P.C. No. 24639/2010 -: 2 :- pursuant to the seizure, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.