IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 5328 of 2009(I) ------------------------- PETITIONER(S): ------------------ JACOB K.K. KUNNATHUKUZHIYIL, NIRANAM P.O, THIRUVALLA. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE R.D.O. THIRUVALLA. 3. THE VILLAGE OFFICER, KADAPRA, THIRUVALLA. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 5328 OF 2009 (I) ==================== Dated this the 18th day of February, 2009 J U D G M E N T Petitioner claims to be the agreement owner of a Tipper Lorry bearing Regn.No.KL-17-C-9320. It is stated that on 14/2/2009, the 3rd respondent seized the vehicle exercising his powers under the Kerala Conservation of Paddy Land and Wet Land Act, 2008. It is challenging the seizure, the writ petition is filed. 2. The contention raised is that the 3rd respondent is not an Authorized Officer appointed under Section 12 of the Act. Dealing with an identical situation, this Court in the judgment in WP(C) No.4304/09, a copy of which is Ext.P3, upheld the contention and directed release of the vehicle. 3. Since the facts in this case are similar to the judgment referred to above, this writ petition also deserves to be allowed for the reason that as is evident from Ext.P2 mahazar, seizure was effected by the 3rd respondent. 4. In view of the above, Ext.P2 will stand quashed and the writ petition is disposed of directing release of the vehicle bearing Regn.No.KL- 17-C-9320 to the petitioner, provided, he proves that he has ownership WPC 5328/09 :2 : over the vehicle. Petitioner may produce a copy of this judgment along with a copy of this writ petition before the 3rd respondent for compliance. ANTONY DOMINIC, JUDGE Rp