IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 16706 of 2011(K) -------------------------- PETITIONER: --------------- T.P.SUDHAKARAN,AGED 48 YEARS,S/O.AMBU, RESIDING AT PARAMBATHU, P.O.EDAT, VIA PAYYANNUR, KANNUR DISTRICT-670328. BY ADV. MR. M.V.AMARESAN RESPONDENTS: --------------- 1. DISTRICT COLLECTOR,KANNUR,PIN-670 001. 2. VILLAGE OFFICER, KUNHIMANGALAM VILLAGE, KANNUR DISTRICT, PIN-670107. 3. SUB INSPECTOR OF POLICE, PAYYANNUR, KANNUR DISTRICT. 4. CHEKUVINTAKATH SAFIA, AGED 60 YEARS, D/O.KADER,'SHAMINAS',KADANNAPPALLY,P.O.KADANAPPALLY KANNUR DISTRICT,PIN-670310. 5. THE REVENUE DIVISIONAL OFFICER, THALASSERY,KANNUR DISTRICT,PIN-670101. BY GOVERNMENT PLEADER MS. RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 16706 OF 2011 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF R.C. BOOK OF THE TIPPER LORRY BEARING REG. NO. KL 13/Q-8312 EXT. P1(a) : TRUE COPY OF PERMIT OF THE TIPPER LORRY BEARING REG. NO. KL13/1-8312. EXT.P1(b) : TRUE COPY OF PERMIT OF THE TIPPER LORRY BEARING REG. NO.KL13/ Q - 8312 EXT.P2 : TRUE COPY OF PHOTOGRAPHS OF THE PROPERTY OF 4TH RESPONDENT. EXT.P3 : TRUE COPY OF SALE DEED NO. 2911/2010 EXT.P4 : TRUE COPY OF PETITION DATED 03.06.2011 SUBMITTED BY THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 16706 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 28th June , 2011 JUDGMENT The vehicle bearing No. KL 13 Q 8312 belonging to the petitioner was seized by the 2nd respondent, alleging infringement of the provisions of the Kerala Conservation of Paddy Land and Wet Land Act / Rules. 2. The learned counsel for the petitioner submits that the action pursued by the respondent is quite highhanded in all respects in so far as the attempt of the petitioner was only to construct a bund to prevent water flowing from elsewhere to the paddy field of the petitioner in order to save the crop and agricultural operations. The learned counsel places reliance on the photographs produced before this Court as Ext. P2 to point out that no filing up of paddy land is involved but to the limited extent of construction of the bund as discernible from the said photographs. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances, this Court does not find it necessary to have a fact adjudication at the hands of this Court since the matter has to be dealt with by the first respondent at the first W.P. (C) No. 16706 of 2011 : 2 : instance. Accordingly the first respondent is directed to consider and finalize the matter passing final order, as expeditiously as possible, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment. The question of interim custody of the vehicle shall also be considered, in accordance with law, if raised, within one week from the date of receipt of such request. It is made clear that, all the issues legal and otherwise are left open. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd