Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945 WP(C) NO. 9335 OF 2023 PETITIONER:
DEEPU KANNAN AGED 30 YEARS S/O. VINOD KUMAR, VINEETHA BHAVAN MUTHOOR MURI, KUTTAPUZHA VILLAGE THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.,, PIN - 689103 BY ADV R.SANTHOSH BABU RESPONDENTS:
1 DISTRICT COLLECTOR COLLECTORATE, PATHANAMTHITTA PATHANAMTHITTA DISTRICT.,, PIN - 689645 2 REVENUE DIVISIONAL OFFICER R.D.O. OFFICE, REVENUE DIVISION THIRUVALLA, PATHANAMTHITTA DISTRICT., PIN - 689101 3 TAHSILDAR TALUK OFFICE, REVENUE TOWER THIRUVALLA, PATHANAMTHITTA DISTRICT,, PIN - 689101 4 VILLAGE OFFICER KAVUMBHAGOM VILLAGE KAVUMBHAGOM, THIRUVALLA, PATHANAMTHITTA DISTRICT., PIN - 689102 SRI.APPU.P.S-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9335 OF 2023 2 JUDGMENT Dated this the 30th day of March, 2023 This writ petition is filed seeking release of a TATA Hitachi ZAXIS-20 which is a mini digger excavator belonging to the petitioner and covered by Ext.P1 which was seized on 15/2/2023.
2. It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the mini digger excavator, he had rented out his vehicle with regard to construction of a retaining wall.
However, on 15/2/2023 the vehicle was seized by the 3rd respondent.
It is submitted that though Exts P3 to P5 representations had been submitted by the petitioner before all the authorities, no actions had been taken on the same. The learned counsel for the petitioner submits that the vehicle had not been used for infraction of any legal provisions of law and that it was engaged only in the construction of a retaining wall.
Having considered the contentions advanced and having heard the learned Government Pleader also, I am of the opinion that the request for release of the vehicle is liable to be considered by the 1st
WP(C) NO. 9335 OF 2023 3 respondent in accordance with law. There will accordingly be a direction to the 3rd respondent to forward the records of the seizure of the vehicle, if the same has not already been forwarded to the 1st respondent forthwith. The 1st respondent shall thereafter take up Ext.P3 representation submitted by the petitioner, hear the petitioner and pass orders on the same, in accordance with law, after considering the petitioner's contentions as well. Necessary steps shall be taken within a period of ten days from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/- ANU SIVARAMAN JUDGE ska
WP(C) NO. 9335 OF 2023 4 APPENDIX OF WP(C) 9335/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE FORM GST INVOICE DATED 25- 05-2918 OF THE SAID VEHICLE IN THE NAME OF THE PETITIONER Exhibit P2 TRUE COPY OF THE PHOTO GRAPH OF THE PETITIONER'S VEHICLE Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 04-03- 2023 TO THE R1 Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 04-03- 2023 TO THE R2 Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 04-03- 2023 TO THE R3