Murukan vs the District Collector

Murukan vs The District Collector

Type Court Judgment Court Kerala Decided Aug 31, 2022

~4 min read

https://sooperkanoon.com/case/1489783

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1489783
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Aug 31, 2022
Case Number: WP(C)/19197/2022

Parties & Advocates

Appellant / Petitioner

Murukan

Respondent

The District Collector

Excerpt

.....senior government pleader representing the respondents.7. it is discernible from the pleadings that theexcavator of the petitioner was seized on 28.12.2021 as per ext.p3 mahazar. the petitioner has approached the judicial first class magistrate's court, neyyattinkara and the magistrate's court, as per ext.p6 order, directed to grant interim custody of the vehicle to the petitioner. this was on 31.01.2022. so far, the proceedings initiated by the :5: respondents as per ext.p3 has not been concluded. in thefacts and circumstances of the case, this court is of the viewthat the respondents are compellable to conclude the proceedings initiated as per ext.p3 in accordance with law within a reasonable time. the writ petition is accordingly disposed of directing the 1st respondent to conclude the proceedings pursuant to ext.p3 within a period of two months. sd/- n. nagaresh judge sr :6: appendix of wp(c) 19197/2022 petitioner's exhibits: exhibit p1 true copy of rc book of the petitioner's vehicle bearing kl-04 x- 1052 issued by the indian union, kerala state certificate of registrationexhibit p2 true copy of the insurance policy number 76050031210200074943 issued by the the new india assurance co. ltd. exhibit p3 true copy of the mahazer dated 28.12.2021 prepared by the 4th respondent exhibit p4 true copy of the letter no. 667/gl/2021/nps dated 29.12.2021 sent by the 4th respondent to the 1st respondent exhibit p5 true copy of the report filed by the4th respondent in cmp no. 42/2022 before the judicial first class magistrate (temporary) court, neyyattinkara dated 12.1.2022 exhibit p6 true copy of the order in cmp no. class magistrate (temporary) court, neyyattinkara dated 31.1.2022 sr

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944 WP(C) NO. 19197 OF 2022 PETITIONER: MURUKAN, AGED 56 YEARS, S/O. BALAKRISHNAN, SREEJA BHAVAN, MANJALATHUKONAM, KATTACHALKUZHI, VENGANOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM - 695 501. BY ADV G.SUDHEER RESPONDENTS:
1 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DISTRICT, COLLECTORATE, KUDAPANAKUNNU, THIRUVANANTHAPURAM - 695 043. 2 THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM DISTRICT, COLLECTORATE, KUDAPANAKUNNU, THIRUVANANTHAPURAM - 695 043. 3 THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM - 695 004 4 SUB INSPECTOR OF POLICE, NEMOM POLICE STATION, THIRUVANANTHAPURAM - 695 020. SMT.SURYA BINOY, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:

JUDGMENT

Dated this the 31st day of August, 2022 The petitioner, who is owner of JCB/Excavator with

Registration No.KL-04X-1852, is before this Court seeking to declare that Ext.P3 does not reveal any offence under the Mines and Minerals (Development and Regulation) Act, 1957 or under the Kerala Conservation of Paddy Land and Wetland Act, 2008. The petitioner further seeks to direct respondents 1 to 3 to submit complaint under Section 23A(1) of the MMDR Act before the concerned Judicial First Class Magistrate (Temporary) Court and allow the petitioner to compound the offence.

2. The petitioner states that on 28.12.2021, while the

petitioner’s excavator was engaged in a work of manuring the coconut plantation of one Gopakumar, the 4 th respondent-Sub Inspector of Police came and took into custody the excavator alleging that the excavator has been used violating the :3: provisions of the Mines and Minerals (Development and Regulation) Act, 1957. Ext.P3 Mahazar was prepared.

3. The petitioner states that Ext.P3 Mahazar does not

disclose any offence whatsoever either under the Mines and Minerals (Development and Regulation) Act, 1957 or under the Kerala Conservation of Paddy Land and Wetland Act,

2008. The Mahazar was prepared on 28.12.2021. So far, the proceedings have not been concluded.

4. The petitioner approached the Judicial First Class

Magistrate's Court, Neyyattinkara invoking Section 457 of the Code of Criminal Procedure. The learned Magistrate has passed orders granting interim custody of the excavator to the petitioner on deposit of ₹1 lakh. Though more than six months have lapsed since the seizure, the authorities have not taken any steps to conclude the proceedings. The pendency of the proceedings cause undue hardship to the petitioner as huge amount by way of deposit made by the petitioner is remaining with the respondents. In the circumstances, the petitioner seeks to declare that Ext.P3 does not reveal any offence. :4:

5. The Senior Government Pleader entered

appearance and resisted the writ petition. The Senior Government Pleader denied all the allegations made by the petitioner in the writ petition. On behalf of the respondents, it is submitted that the seizure of the vehicle was promptly communicated to the District Collector and the District Collector has sought report from Agricultural Officer and Village Officer. As soon as the reports are received, proceedings initiated as per Ext.P3 would be concluded without any further delay.

6. Heard the learned counsel for the petitioner and the learned Senior Government Pleader representing the respondents.

7. It is discernible from the pleadings that the

excavator of the petitioner was seized on 28.12.2021 as per Ext.P3 Mahazar. The petitioner has approached the Judicial First Class Magistrate's Court, Neyyattinkara and the Magistrate's Court, as per Ext.P6 order, directed to grant interim custody of the vehicle to the petitioner. This was on 31.01.2022. So far, the proceedings initiated by the :5: respondents as per Ext.P3 has not been concluded. In the

facts and circumstances of the case, this Court is of the view

that the respondents are compellable to conclude the proceedings initiated as per Ext.P3 in accordance with law within a reasonable time. The writ petition is accordingly disposed of directing the 1st respondent to conclude the proceedings pursuant to Ext.P3 within a period of two months. Sd/- N. NAGARESH JUDGE SR :6: APPENDIX OF WP(C) 19197/2022 PETITIONER'S EXHIBITS: Exhibit P1 TRUE COPY OF RC BOOK OF THE PETITIONER'S VEHICLE BEARING KL-04 X- 1052 ISSUED BY THE INDIAN UNION, KERALA STATE CERTIFICATE OF REGISTRATION

Exhibit P2 TRUE COPY OF THE INSURANCE POLICY NUMBER 76050031210200074943 ISSUED BY THE THE NEW INDIA ASSURANCE CO. LTD. Exhibit P3 TRUE COPY OF THE MAHAZER DATED 28.12.2021 PREPARED BY THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF THE LETTER NO. 667/GL/2021/NPS DATED 29.12.2021 SENT BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE REPORT FILED BY THE

4TH RESPONDENT IN CMP NO. 42/2022 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE (TEMPORARY) COURT, NEYYATTINKARA DATED 12.1.2022 Exhibit P6 TRUE COPY OF THE ORDER IN CMP NO. CLASS MAGISTRATE (TEMPORARY) COURT, NEYYATTINKARA DATED 31.1.2022 SR

Same Court & Year Kerala · 2022 Same Parties Murukan vs The District Collector Same Judge Honourable Mr.Justice N.Nagaresh