IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WA.No. 1365 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22323/2011 Dated 25/08/2011 .................... APPELLANT(S): PETITIONERS ------------------------------------------- 1. SHINTO, S/O.ROSY, VAIKKATTUSERY HOUSE, ANGAMALY, MAITHRI NAGAR ROAD, MAITHRI NAGAR, ERNAKULAM DISTRICT. 2. AYYAPPADAS.K.S., S/O.SAJI, 7/429 [7/407] KOONAMTHETTAYIL HOUSE, THAIKKATTUKARA P.O., ALUVA VILLAGE, ERNAKULAM DISTRICT. 3. A.V.PAPPU, AMBATTUPARAMBIL HOUSE, ANAPPARA P.O., (VIA) ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): RESPONDENTS ---------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ANGAMALY, ERNAKULAM DISTRICT, PIN-683 572. 2. DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI-682030. BY SR.GOVT.PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS ANNEXURE-I TRUE COPY OF THE REQUEST MADE BY THE 1ST APPELLANT ON 31.08.2011 BEFORE THE DISTRICT COLLECTOR SEEKING INTERIM RELEASE OF VEHICLE MENTIONED IN EXT.P1 WITH ACKNOWLEDGMENT ISSUED FROM COLLECTORATE ERNAKULAM. ANNEXURE-II TRUE COPY OF THE REQUEST MADE BY THE 2ND APPELLANT ON 31.08.2011 BEFORE THE DISTRICT COLLECTOR SEEKING INTERIM RELEASE OF VEHICLE MENTIONED IN EXT.P2 WITH ACKNOWLEDGMENT ISSUED FROM COLLECTORATE ERNAKULAM. ANNEXURE-III TRUE COPY OF THE REQUEST MADE BY THE 3RD APPELLANT ON 31.08.2011 BEFORE THE DISTRICT COLLECTOR SEEKING INTERIM RELEASE OF VEHICLE MENTIONED IN EXT.P3 WITH ACKNOWLEDGMENT ISSUED FROM COLLECTORATE ERNAKULAM. RESPONDENTS' EXHIBITS NIL /TRUE COPY/ PS TO JUDGE C.N.RAMACHANDRAN NAIR, Ag. CJ. & P.S.GOPINATHAN, J ---------------------------------------------- W.A.No. 1365 of 2011 ---------------------------------------------- Dated this the 11th day of October, 2011 JUDGMENT Ramachandran Nair, Ag.CJ. Three vehicles belonging to the appellants are detained for the offence allegedly committed under the Kerala Conservation of Paddy Land & Wetland Act, 2009. The detention orders were challenged before the learned Single Judge by filing W.P(C). No.22323 of 2011. The Writ Petition was disposed of directing adjudication by the District Collector. It is against this judgment that the appellants have filed the Writ Appeal contending that the vehicles are remaining under detention since 14.8.2011 onwards. 2. After hearing both sides, we find that there is no justification in delaying the adjudication, because valuable vehicles will get destroyed in Government custody. Necessarily the adjudication has to be expedited. Further, the appellants have a case that the vehicles were seized without any material in it. According to the appellants, the vehicles were not involved in the offence alleged. Action against the vehicles is permissible when WA.1365/11 2 violation of the Kerala Conservation of Paddy Land & Wetland Act, 2009 is detected, i.e., transporting soil in the vehicle for filling up of paddy field in violation of the provisions of the Act. Necessarily the District Collector will identify the area where the paddy field is filled with sand using the vehicles and the land owner should be proceeded against. When there is nothing on record as to whether proceedings are initiated against the land owner. In this context, the appellants have contended that the vehicles are not involved in the offence alleged. We feel that all these matters have to be considered by the District Collector in the adjudication. Accordingly, we dispose of the Writ Appeal by modifying the judgment of the learned Single Judge with a direction to the District Collector, Ernakulam to complete the adjudication within three weeks from the date of production of a copy of this judgment by keeping in mind the observations given above. C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE P.S.GOPINATHAN, JUDGE vgs