IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 22426 of 2010(C) --------------------------------- PETITIONER(S): --------------- ABDULLA KOZHIKODAN,AGED 58 YEARS, S/O.MOHAMED KUTTY,ACHANTHODIYIL HOUSE, PALLICKAL P.O.,MALAPPURAM,PIN-673 653,REP. BY POWER OF ATTORNEY AGENT,K.FIROZ,S/O.ABDULLA KOZHIKODAN,ACHANTHODIYIL HOUSE,PALLICKAL P.O., MALAPPURAM, PIN-673 653. BY ADVS. MR.R.SUDHISH MRS.M.MANJU MR.K.R.RANJITH RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM-676 505. 2. THE REVENUE DIVISIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT-676101. BY ADV. MR. P. NARAYANAN – GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.22426 OF 2010 ------------------------------- Dated this the 27th day of July, 2010 J U D G M E N T The petitioner's vehicle has been seized on allegations of illegal removal of earth in violation of the provisions of the Kerala Conservation of Paddy Land and Wet Land Act and Rules. The petitioner submits that the seizure itself is illegal, since the vehicle did not contain any earth and the same was seized by the Assistant Sub Inspector of Police, who was not competent to seize the same. The petitioner further submits that the vehicle was not seized while at any land, but was seized on the road. 2. I have heard the learned Government Pleader also. 3. I am of opinion that all these matters have to be considered by the District Collector at the time of passing of orders under Section 20. However, having seized the vehicle, the District Collector has a duty to pass final orders pursuant to the same expeditiously. Accordingly, I dispose of this writ petition with a direction to W.P.(c)No.22426/10 2 the first respondent - District Collector to pass final orders pursuant to the seizure of the vehicle, after conducting an enquiry and hearing the petitioner as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(c)No.22426/10 3