Surendran Vs. the District Collector

Surendran vs The District Collector

Type Court Judgment Court Kerala Decided Nov 13, 2013

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https://sooperkanoon.com/case/1099137

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Citation: sooperkanoon.com/1099137
Court: Kerala High Court
Judge: Honourable Mr.Justice P.R.Ramachandra Menon
Decided On: Nov 13, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Surendran

Respondent

The District Collector

Excerpt

.....appropriate writ, order or direction, commanding the respondents 1 to3 to release the petitioner's 5hp diesel motor to him immediately and iii) to pass such other appropriate writ, order or direction to the respondents, which this hon'ble court may deem fit and proper on the facts of the case. " 2. the case of the the petitioner is that a diesel motor of 5 hp belonging to the petitioner was seized by the fifth respondent/sub inspector alleging offence under the kerala conservation of paddy land and wetland act, 2008 ( act 28 of 2008). ext.p3 mahazer dated 08.02.2013 has been prepared w.p.(c)no. 27917 of20132 by the third respondent/tahsildar in this regard. according to the petitioner, he has not committed any offence in violation of the provisions of the act. though ext. p3 representation was preferred as early as on 11.06.2013 before the first respondent/district collector, seeking for release of the motor, no action has been taken so far. this made the petitioner to approach this court.3. heard the learned government pleader as well.4. considering the facts and circumstances, this court finds that the matter requires to be considered by the first respondent/district collector, who is the competent authority under section 20 of act 28 of 2008. in the said circumstances, the petitioner is relegated to approach the first respondent/district collector, by filing a fresh representation pointing out the facts and figures forthwith, upon which, the first respondent shall consider and pass appropriate orders, in accordance with law, after affording an opportunity of hearing to the petitioner at the earliest, at any rate within ' one month' from the date of receipt of a copy of this judgment. w.p.(c)no. 27917 of20133 the writ petition is disposed of. the petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent/district collector for further steps. p.r.ramachandra menon judge lk

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE13H DAY OF NOVEMBER201322ND KARTHIKA, 1935 WP(C).No. 27917 of 2013 (L) ---------------------------------------- PETITIONER : ------------------- SURENDRAN, AGED60YEARS, S/O.RAGHAVAN, CHARUVILA PUTHEN VEEDU, PERAYAM CHERI, MULAVANA VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADVS. SRI.K.V.ANIL KUMAR SRI.AJITH MURALI RESPONDENT(S)/RESPONDENTS:-: -------------------------------------------------------- 1. THE DISTRICT COLLECTOR, KOLLAM, PIN - 691 001.

2. THE REVENUE DIVISIONAL OFFICER, COLLECTORATE, KOLLAM, PIN - 691 001.

3. THE TAHSILDAR, THALUK OFFICE, KOTTARAKKARA, PIN - 691 506.

4. THE VILLAGE OFFICER, PAVITHRESWARAM VILLAGE OFFICER, KOTTARAKKARA TALUK KOLLAM DISTRICT, PIN - 961 507.

5. THE SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION, KOTTARAKKARA THALUK, KOLLAM DISTRICT, PIN - 961 505. BY SENIOR GOVERNMENT PLEADER SRI. JOSEPH GEORGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1311-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sv WP(C).No. 27917 of 2013 (L) --------------------------------------- APPENDIX ----------------- PETITIONER'S EXHIBITS ------------------------------------ EXHIBIT P1. ATRUE COPY OF THE MAHAZAR DATED0802.2013 ISSUED BY THE3D RESPONDENT. EXHIBIT P2. ATRUE COPY OF THE APPLICATION DATED1903.2013 BEFORE THE3D RESPONDENT. EXHIBIT P3. A TRUE COPY OF THE LETTER REPRESENTATION DATED1106.2013 BEFORE THE1T RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- // TRUE COPY // P.S. TO JUDGE. sv P.R. RAMACHANDRA MENON, J.

.............................................................................. W.P.(C)No. 27917 OF2013......................................................................... Dated this the 13th November, 2013

JUDGMENT

The petitioner has approached this Court with the following prayers: "i) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider Ext.P3 representation for the release of the petitioner's 5HP Diesel Motor and pass orders on it immediately. ii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents 1 to3 to release the petitioner's 5HP Diesel Motor to him immediately and iii) to pass such other appropriate writ, order or direction to the respondents, which this Hon'ble Court may deem fit and proper on the facts of the case. " 2. The case of the the petitioner is that a Diesel Motor of 5 HP belonging to the petitioner was seized by the fifth respondent/Sub Inspector alleging offence under the Kerala Conservation of Paddy Land and Wetland Act, 2008 ( Act 28 of 2008). Ext.P3 mahazer dated 08.02.2013 has been prepared W.P.(C)No. 27917 OF20132 by the third respondent/Tahsildar in this regard. According to the petitioner, he has not committed any offence in violation of the provisions of the Act. Though Ext. P3 representation was preferred as early as on 11.06.2013 before the first respondent/District Collector, seeking for release of the motor, no action has been taken so far. This made the petitioner to approach this Court.

3. Heard the learned Government Pleader as well.

4. Considering the facts and circumstances, this Court finds that the matter requires to be considered by the first respondent/District Collector, who is the competent authority under Section 20 of Act 28 of 2008. In the said circumstances, the petitioner is relegated to approach the first respondent/District Collector, by filing a fresh representation pointing out the facts and figures forthwith, upon which, the first respondent shall consider and pass appropriate orders, in accordance with law, after affording an opportunity of hearing to the petitioner at the earliest, at any rate within ' one month' from the date of receipt of a copy of this judgment. W.P.(C)No. 27917 OF20133 The Writ petition is disposed of. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent/District Collector for further steps. P.R.RAMACHANDRA MENON JUDGE lk

Same Court & Year Kerala · 2013 Same Parties Surendran vs The District Collector Same Subject Land Acquisition Same Judge Honourable Mr.Justice P.R.Ramachandra Menon