IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 34905 of 2010(K) --------------------------------------- PETITIONER: ------------------- JACOB JOSE, AGED 30 YEARS, S/O. M.C JOSE, MANDAKATHEL HOUSE, KATTACHIRA.P.O., PUNNATHARA, KOTTAYAM. BY ADV. SRI.S.RAJEEV. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM-686 001. 3. TAHSILDAR, OFFICE OF THE TAHSILDAR, KOTTAYAM-686 001. 4. VILLAGE OFFICER, VILLAGE OFFICE, ATHIRAMPUZHA-686 562. R1 TO R4 BY GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 34905 OF 2010 ===================== Dated this the 22nd day of November, 2010 J U D G M E N T Petitioner is the registered owner of tipper lorry bearing Regn.No.KL-05 AA 1730. The 4th respondent seized his vehicle on 8/11/2010 as per Ext.P3 mahazar. The case of the petitioner is that based on Ext.P5 agreement between himself and one Sri.Raju Varghese, he was removing the red earth from the property of Sri.Raju Varghese. It is the case of the petitioner that such removal was for making the plot a house site for the construction of a residential house on the strength of Ext.P6 builidng permit obtained by Sri.Raju Varghese. It is the case of the petitioner that for such removal of red earth, in view of Ext.P4 Government Order dated 5/4/2010, no permit is required to be obtained. It is in these circumstances challenging the seizure of the vehicle and seeking an order against the respondents for release of the same, the writ petition is filed. 2. If as stated by the petitioner, the red earth was removed from the property of Sri.Raju Varghese, who has obtained Ext.P6 building permit, and that such removal was for WPC No. 34905/10 :2 : conversion of the property into a house site, in view of Ext.P4 Government Order, parties were entitled to do so and they were not required to obtain any permit in this matter. Such a view has been taken by this Court in the judgment in WP(C) No.30810/10 as well. In that view of the matter, prima facie, I am inclined to think that Ext.P3 seizure is illegal. Therefore, the writ petition is disposed of directing respondents 2, 3 and 4 to release the tipper lorry bearing Regn.No.KL-05 AA 1730 to the petitioner forthwith on the production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp