IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 WP(C).No. 21600 of 2008(U) ------------------------- PETITIONER: --------------- SARAMMA THOMAS, MARAPPAD HOUSE, PONGA P.O., ALAPPUZHA. BY ADVS. SRI.BABU CHERUKARA SRI.ANZAR BASHEER RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE THIRUVALLA POLICE STATION THIRUVALLA 2. THE TAHSILDAR THIRUVALLA TALUK, THIRUVALLA 3. THE STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA 4. GEORGE OOMMEN MOOLASSERIL HOUSE , MEPRAL MURI, PERINGARA P.O.,THIRUVALLA. R1 TO R3 BY GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 21600 of 2008(U) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF THE 1ST PAGE OF THE REGISTRATION CERTIFICATE. EXT.P2 : PHOTOCOPY OF THE LETTER NIL DATE ISSUED BY THE 4TH RESPONDENT. EXT.P3 : PHOTOCOPY OF THE INTIMATION SENT BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn S.SIRI JAGAN, J. ----------------------------------------- W.P. (C) NO. 21600 OF 2008 ---------------------------------------- Dated this the 19th day of October, 2010. JUDGMENT Petitioner's vehicle bearing registration No.KL-04-W 1526 was taken into custody by the first respondent alleging that the vehicle was used for the purpose of transporting gravel to fill up a paddy land. According to the petitioner, the gravel was being transported for filling up the foundation of the residential building being constructed by 4th respondent. Therefore, according to the petitioner the seizure was without any bonafides. It is in the above circumstance the petitioner has filed this writ petition seeking the following reliefs:- “(a) issue a writ of mandamus or any other appropriate writ or order directing the respondents 1 to 3 to release the vehicle No.KL-04 W-1526 to the petitioner forthwith at least on furnishing security for the purpose forthwith. (b) Issue any other orders as this Hon'ble court deems fit and proper in the facts and circumstances of the case and also those are prayed for during the pendency of the writ petition.” 2. At the time of admission I had directed release of the vehicle to the petitioner on execution of a bond for an amount of Rs.10,000/-. It is submitted that pursuant to the interim order the vehicle has been released also. 3. No counter affidavit has been filed by the respondents in W.P. (C) NO. 21600 OF 2008 2 this writ petition. The seizure of the vehicle can only be made if legal provisions authorise the same. Filling up of paddy land is governed by the Kerala Land Utilisation Order at the relevant time. That law does not authorise the seizure of the vehicle even if the same is being used for transporting gravel for filling up of paddy land. No other legal provision was relied upon before me in support of the seizure. As such, the seizure is clearly illegal and unsustainable. Therefore, the seizure of the petitioners vehicle and all further proceedings pursuant to the same are hereby quashed. Consequently the release of the vehicle by the interim order is made absolute and the bond issued by the petitioner for release of the petitioners vehicle shall stand cancelled. The 2nd respondent shall return the bond to the petitioner immediately. The writ petition is allowed as above. S.SIRI JAGAN, JUDGE. mns