IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 22038 of 2011(D) -------------------------- PETITIONER(S): --------------- THULASIDHARAN, RAJU BHAVANAM, NEDUMPANA,PALLIMON P.O, KOLLAM 691 576. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE REVENUE DEPARTMENT,SECRETARIAT, FORT P.O, THIRUVANANTHAPURAM 695 001. 2. THE DISTRICT COLLECTOR KOLLAM, CIVIL STATION P.O, KOLLAM 691 013. 3. THE REVENUE DIVISIONAL OFFICER, KOLLAM, CIVIL STATION P.O, KOLLAM 691 013. 4. THE TAHSILDAR, TALUK OFFICE,KOLLAM, CIVIL STATION P.O, KOLLAM 691 001. GOVERNMENT PLEADER SRI.M.H.RAJSREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22038 of 2011(D) APPENDIX PETITIONER'S EXHIBITS P1: A TRUE COPY OF THE CERTIFICATE OF REGISTRATION DT.22.2.08 ISSUED TO THE PETITOIENR BY THE REGISTERIN AUTHORITY, KOLLAM P2: A TRUE COPY OF THE GOODS CARRIAGE PERMIT DT.10.6.10 ISSUED TO THE PETITIONER BY THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOLLAM P3: A TRUE COPY OF THE COMMUNICATION DT.28.3.11 ISSUED TO THE REVENUE DIVISIONAL OFFICER, KOLLAM BY THE TAHSILDAR, KOLLAM P4: A TRUE COPY OF THE PETITION NO.31676/11 DT.9.6.11 SUBMITTED BY THE PETITINER BEFORE THE DISTRICT COLLECTOR , KOLLAM P5: A TRUE COPY OF THE NOTICE DT.24.6.11 ISSUED TO THE PETITIOENR FROM THE OFFICE OF THE DISTRICT COLLECTOR , KOLLAM P6: A TRUE COPY OF THE COMMUNICATION DT.12.5.11 ISSUED BY THE PUBLIC INFORMATION OFFICER, TOWN PLANNING OFFICE, KOLLAM P7: A TRUE COPY OF THE PETITION DT.8.7.11 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, KOLLAM RESPPONDENT'S EXHIBITS : NIL TRUE COPY PA TO JUDGE. ANTONY DOMINIC, J. --------------------------------------------- WP(C) No. 22038 of 2011 --------------------------------------------- Dated this the 12th day of August, 2011 JUDGMENT Proceedings under Kerala Conservation of Paddy Land & Wetland Act, 2008 were initiated against the petitioner and his vehicle, Swaraj Mazda Tipper, bearing registration No.KL 08 AN 5892 was seized on 28.3.2011. According to the petitioner proceedings now are pending before the second respondent and vehicle is still continuing under detention. 2. Seeking release of the vehicle, petitioner submitted Exhibits P4 and P7 applications before the second respondent. Orders have not been passed and, therefore the writ petition has been filed. 3. In my view, since proceedings under Act 28/2008 are pending it is the second respondent, who is the competent authority to finalize the proceedings. This shall be done as expeditiously as possible. 4. As noticed above, the vehicle is under detention since 28.3.2011 and is lying exposed to sun and rain causing damages to the vehicle and there will be no benefit to anybody. In that view of the matter, I see no reason why the vehicle shall not be WP(C) No. 22038 of 2011 2 released to the petitioner, on interim custody basis, provided he is willing to comply with the conditions that are imposed by the respondents. Taking note of the pendency of Exts.P4 and P7 made by the petitioner in this writ petition, I direct the second respondent to consider these applications and orders thereon will be passed within two weeks from the date of production of a copy of this judgment along with a copy of the writ petition. ANTONY DOMINIC, JUDGE. rkc