IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 10533 of 2010(N) -------------------------- PETITIONER: --------------- DEEPA, KARTHIKA BHAVAN, VAVVAKAVU, OACHIRA, KOLLAM, NOW RESIDING AT MADATHIVILAYIL, PAVUMBA, KOLLAM DISTRICT. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.GEORGE RAJU SMT.SURYA SASI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 3. REVENUE DIVISIONAL OFFICER, THIRUVALLA. 4. THE DEPUTY TAHSILDAR, THIRUVALLA. 5. VILLAGE OFFICER, KADAPRA. 6. THE SUB INSPECTOR OF POLICE, PULIKEEZHU. BY GOVT.PLEADER SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.10533 OF 2010 ----------------------------------------------------- DATED THIS THE 30th DAY OF MARCH, 2010 J U D G M E N T Aggrieved by the seizure of goods carriage, viz, Swaraj Mazda bearing registration No.KL 23A 6911, the petitioner has filed this Writ Petition. According to the petitioner, on 5.3.2010 while the vehicle was transporting red earth, which is not a mineral, it was taken into custody by respondents 4 and 5 and was taken to the Pulikeezhu Police Station. Evidently, it is contended that the provisions of the Act does not empower respondents 5 and 6 to seize the vehicle. It is therefore submitted that the seizure itself is illegal and therefore the petitioner is entitled for release of the vehicle. 2. It is pointed out by the learned Government Pleader that the matter is now pending before the District Collector as he is the designated authority with regard to the jurisdiction to pass appropriate orders under the provisions of the Kerala Conservation of Paddy Land and Wet Land Act. W.P.(C)No.10533/10 -2- 3. Therefore, there will be a direction to the District Collector to consider the plea of the petitioner for release of the vehicle by way of interim custody. The petitioner will file an appropriate representation along with a copy of the judgment before the District Collector and the District Collector will pass appropriate orders within a period of seven days after considering the contentions of the petitioner. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn