BINI BENNY, v. THE DISTRICT COLLECTOR ERNAKULAM
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Judgment date:
Case summary
High Court of Kerala judgment dated 2025-04-11. BINI BENNY, v. THE DISTRICT COLLECTOR ERNAKULAM. Read the judgment and case details on LawSphereX.
Judgment text
2025:KER:32183 WPC. No. 10377/25 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ZIYAD RAHMAN A. A. TH FRIDAY, THE 11 DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 WP(C) NO. 10377 OF 2025 PETITIONERS: 1 BINI BENNY, AGED 57 YEARS, W/O. BENNY VARGHESE, ATHIRAMPUZHA HOUSE, VENGOOR P. O, ERNAKULAM DISTRICT, PIN – 683 546. 2 N. K KURIAKOSE, AGED 73 YEARS, S/O. KORA KORATH, NARAKATHUKUDY HOUSE, KRARIYELI, KOMBANAD P. O, ERNAKULAM, PIN – 683 546. BY ADV. MANOJ P. KUNJACHAN RESPONDENTS: 1 THE DISTRICT COLLECTOR ERNAKULAM COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN – 682 030. 2 THE VILLAGE OFFICER, VENGOOR WEST VILLAGE OFFICE, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT, PIN – 683 545. 3 STATION HOUSE OFFICER, KURUPPAMPADY POLICE STATION, KURUPPAMPADY P. O, ERNAKULAM DISTRICT, PIN – 683 545. 4 GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN – 682 030. 2025:KER:32183 WPC. No. 10377/25 2 Smt. Amminikutty. K, Sr.
GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11. 04. 2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:32183 WPC. No. 10377/25 3 JUDGMENT The petitioners have approached this Court seeking the following reliefs: “i. Issue a writ of certiorari to quash Ext P2 Mahazar. ii. To declare that the seizure of the JCB/Excavator bearing Registration No. KL-40-T-2659 is illegal in the facts and circumstances of the case. iii. Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to release the JCB/Excavator bearing Registration No. KL-40-T-2659 forthwith. iv. Issue a writ of mandamus or any other appropriate writ, order or direction to the 3rd respondent to report the matter of seizure as contemplated under section 19 of the Conservation of Paddy and Wetland Act 2008. v. Dispense with the filing of the English translations of the documents in vernacular language produced in this Writ Petition (Civil). vi.
Grant such other reliefs to deem fit at the facts and circumstances of the case. ” st 2. The 1 petitioner is the owner of the property against which the proceedings were initiated under Section 20 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 nd and the 2 petitioner is the owner of the vehicle which is the subject matter of the said proceedings. 2025:KER:32183 WPC. No. 10377/25 4 3. Today when the matter came up for consideration, the learned Government Pleader upon instruction submitted that as part of the enquiry under Section 20 of the Kerala Conservation of Paddy Land and Wetland Act, 2008, hearing of the parties was conducted and the orders will be passed within a period of three weeks. In such circumstances, as the proceedings are at the final stage, I am of the view that the reliefs sought by the petitioner cannot be granted.
Therefore, this writ petition is disposed of directing the st 1 respondent to finalize the proceedings in accordance with law after hearing the petitioner within a period of three weeks from the date of receipt of a copy of this writ petition. It shall be open st for the petitioner to move the 1 respondent for release of the vehicle as well. Sd/- ZIYAD RAHMAN A. A. JUDGE DG/11. 4. 25 2025:KER:32183 WPC. No. 10377/25 5 APPENDIX OF WP(C) 10377/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE Exhibit P2 TRUE COPY OF THE SEIZURE MAHAZAR ISSUED BY THE 3RD RESPONDENT DATED 11/03/2025 Exhibit P3 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE PRESENT CONDITION OF THE PROPERTY
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.