Kerala High Court
Sajina P.K vs State Of Kerala on 10 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 24345 OF 2025 1
2026:KER:13107
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 10TH DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947
WP(C) NO. 24345 OF 2025
PETITIONER/S:
1 SAJINA P.K
AGED 30 YEARS
W/O RAEES PULIYULLTHIL, VALLUPARAMBATH HOUSE,
PO PUDUPPANAM, VADAKARA, KOZHIKODE, PIN - 673105
2 RAJESH U.K
AGED 45 YEARS
S/O BABU, PARAMMEL, PURAMERI, VADAKARA,
KOZHIKODE, PIN - 673503
BY ADVS.
SMT.K.REEHA KHADER
SMT.SREELAKSHMI SABU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
DISTRICT COLLECTORATE, KOZHIKODE COLLECTORATE,
CIVIL STATION PO, KOZHIKODE, PIN - 673020
3 REVENUE DIVISIONAL OFFICER
REVENUE DIVISION OFFICE, VADAKARA,
PWD REST HOUSE,
OLD BUS STAND, VADAKARA, PIN - 673101
4 VILLAGE OFFICER
CHORODU VILLAGE OFFICE, CHORODE, VADAKARA,
KOZHIKODE, PIN - 673106
WP(C) NO. 24345 OF 2025 2
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5 CHORODE GRAMA PANCHAYATH
CHORODE, KAINATTY, KOZHIKODE DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 673106
BY ADVS.
SMT.M.B.SHYNI
SHRI.V.R.ANILKUMAR
SHRI.E.C.BINEESH
SHRI.SARAFUDHEEN T.
SHRI.ELDHOSE JOY
SHRI.AJITH P.C.
SMT.VISHNUJA BIJU
SHRI.AMARJITH VADUVANKUTY
SMT.NIHALA AHAMMED KABEER K.
SMT. PREETHA K.K - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLLY HEARD
ON 10.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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P.V.KUNHIKRISHNAN, J.
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WP(C) NO. 24345 OF 2025
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Dated this the 10th day of February, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"i. Issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P4 (mahazer dated 20.06.2025 issued in respect of Mahindra Tipper bearing Registration No. KL-56-N- 2071) and Exhibit P5 (mahazer dated 20.06.2025 issued in respect of LGV-Tipper bearing Registration No. KL-58-E-5953) issued by the 4th respondent;
ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 4th respondent to release the vehicles bearing Registration Nos. KL-56-N-2071 and KL-58-E- 5953 forthwith to the petitioners;
iii. Petitioner also prays that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in the Vernacular Language.
iv. Issue such other relief's as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. "
[SIC]
2. When this writ petition came up for consideration before this Court on 31.07.2025, this Court passed the following orders:
"Admitted.
The learned Senior Government Pleader takes notice for the respondents 1to 4 and the learned Standing Counsel takes notice for the 5th respondent. The respondents may file their statements/counter-affidavit, if any.
The pendency of this writ petition will not be a bar to the 2nd respondent finalising the confiscation proceedings under Section 20 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('Act', in short).
Interim relief On a consideration of the facts and the materials on record, especially the assertion in the writ petition that the vehicles were not seized from the property falling within the purview of the Act and that the vehicles have been left exposed to the vagaries of nature since 20.06.2025, and further considering the fact that the 2nd petitioner is the registered owner WP(C) NO. 24345 OF 2025 4 2026:KER:13107 of the vehicle bearing registration No.KL-58-E-5953, covered by Ext.P2 registration certificate, I am satisfied that the 2nd petitioner is entitled to an interim order, subject to the following conditions:-
(i) The competent among the respondents is directed to forthwith release the vehicle bearing registration No.KL-58-E-5953 covered under Ext.P2 registration certificate to the 2nd petitioner on interim custody, on him executing a bond for Rs.15,00,000/- with two sureties in favour of the 2nd respondent.
(ii) The 2nd petitioner shall also file an undertaking before the 2nd respondent, that he would produce the vehicle as and when directed by the respondents or this Court, that he would not sell, transfer or diminish the value of the vehicle, and use the vehicle only for lawful purposes.
(iii) It is made clear that, the release of the vehicle would be subject to the result of the confiscation proceedings. The bond executed by the petitioner and his sureties shall have a charge over their properties."
3. Now, the learned counsel appearing for the petitioner submitted that the final order is passed by the authority concerned. If that is the case, no further direction is necessary Therefore, this writ petition is closed, recording the order dated 31.07.2025. If the confiscation proceedings are pending, the release of the vehicle will be subject to the final decision in the confiscation proceedings.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AJ
Judgment reserved NA
Date of Judgment 10.02.2026
Judgment dictated 10.02.2026
Draft judgment placed 13.02.2026
Final Judgment uploaded 17.02.2026
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APPENDIX OF WP(C) NO. 24345 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE REGISTRATION
OF THE VEHICLE MAHINDRA TIPPER BEARING REGISTRATION NO. KL- 56-N-2071 OWNED BY THE HUSBAND OF THE 1ST PETITIONER DATED 20.2.2016.
Exhibit P2 TRUE COPY OF THE CERTIFICATE REGISTRATION
OF THE VEHICLE LGV-TIPPER BEARING
REGISTRATION NO. KL-58-E-5953 OWNED BY THE 2ND PETITIONER DATED 14.9.2018.
Exhibit P3 TRUE COPY OF THE BUILDING PERMIT ISSUED TO
MR. SALIM NAMBODAN KUTTY AND MR.
SHAUKKATHALI BY THE 5TH RESPONDENT DATED 2.5.2025.
Exhibit P4 TRUE COPY OF THE MAHAZER DATED 20.6.2025 OF THE MAHINDRA TIPPER BEARING REGISTRATION NO. KL- 56-N-2071 ISSUED BY THE 4TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE MAHAZER DATED 20.6.2025 OF THE LGV-TIPPER BEARING REGISTRATION NO. KL- 58-E-5953 ISSUED BY THE 4TH RESPONDENT. Exhibit P6 TRUE COPY OF THE PROHIBITION NOTICE ISSUED BY THE 4TH RESPONDENT DATED 11.6.2025. Exhibit P7 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 8.4.2025 EVIDENCING THAT THE PROPERTY COMPRISED IN SURVEY NO. 1/52 (DERIVED FROM 1/43) HAVING AN EXTENT OF 1.20 ARES IS NOT INCLUDED IN THE DATA BANK.
Exhibit P8 TRUE COPY OF THE DATA BANK REGISTER ISSUED BY THE OFFICE OF THE 4TH RESPONDENT DATED 26.6.2025.