IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 4248 of 2010(E) ------------------------- PETITIONER(S): --------------- LISSY, S/O.K.D.JOY., AGED 46, KULANGARA HOUSE, KIZHAKKAMBALAM, ERNAKUALAM. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR,ERNAKULAM, CIVIL STATION, KAKKANADU. 2. VILLAGE OFFICER, CHERANELLOOR VILLAGE, 3. SUB INSPECTOR OF POLICE, CHERANELLOOR POLICE STATION, CHERANELLOOR. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4248/2010-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of February, 2010 J U D G M E N T Petitioner's vehicle, namely, KL-17-D-4717 and another vehicle owned by one Mr.K.V.Eldho bearing registration No.KL-40-B-3672 hired by the petitioner, were seized by the second respondent-Village Officer. Aggrieved by the said seizure, she has filed this writ petition. 2. It is the case of the petitioner that one Priya Jolly who has obtained an extent of 27.50 ares of property as per document No.4852/2006 of Ernakulam SRO, entrusted the petitioner with certain agricultural works in the property. According to the petitioner, the said property is a Coconut garden bounded by compound wall on all four sides and situates on the western side of Chittoor-Kothad Road. The petitioner has produced photographs to show that the said property is already a garden land, as per Exts.P2 and P2(a). It is the case of the petitioner that the above vehicles were being used for putting soil around Coconut trees in the said property. It is at that point of time, on 04/02/2010, the second respondent-Village Officer came to the spot and seized the vehicles. It is pointed out that no act was done by them in contravention of the Kerala W.P.(C). No.4248/2010 -:2:- Conservation of Paddy Land and Wetland Act, 2008. There is no conversion of paddy land or wet land or any attempt to reclaim the wet land or paddy land also. 3. The learned Government Pleader on instructions submitted that the second respondent visited the area, on getting a complaint that the paddy fields were being converted. The vehicles were seized in the presence of the police and now the same are in police custody. 4. The seizure is effected by the Village Officer and going by Section 12 of the Act, only officers of the Revenue Department not below the rank of Revenue Divisional Officer and the police officers are empowered to seize the vehicle. Therefore, seizure effected is clearly illegal. In that view of the matter, there will be a direction to the first respondent-District Collector to release the vehicle bearing Regn.No. KL-17-D-4717 to the petitioner and, and the other vehicle bearing registration No.KL-40-B- 3672 which is said to be hired by the petitioner to the registered owner of the said vehicle. The same will be done on executing a bond by the parties. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms