This is an Original Petition (Criminal) filed by the petitioner who is the appellant in the Criminal Appeal No.247 of 2012 on the file of the IIIrd Additional Sessions Court, Thrissur seeking for a speedy disposal under Article 227 of the Constitution of India. 2. The Revenue Authorities have initiated proceedings under the provisions of Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short “the Act”) and JCB belonging to the petitioner was seized and confiscation proceedings under Section 21 of the Act was initiated by the Revenue Divisional Officer and ordered confiscation of the vehicle. The petitioner filed an appeal before the District Collector against the order of the Revenue Divisional Officer and that was also confirmed, against which the petitioner filed Criminal Appeal No. 247 of 2012 before the District Court as provided under that Act. The case was pending from 2012 and no orders have been passed in that case. In view of the delay in disposal of the case, the petitioner could not get the vehicle released and keeping the vehicle there for long time, will cause loss to the petitioner. So he approached this Court seeking the following relief:
“(a) Issue appropriate order or direction to dispose of Exhibit P1 Criminal Appeal No.277/2012 pending on the files of the District Court Thrissur, expeditiously without any further delay.”
3. Considering the nature of the reliefs claimed by the petitioner, this Court felt that the same can be disposed of after hearing the counsel for the petitioner and the learned Government Pleader and after calling reports from the concerned court regarding the matter.
4. Accordingly, a report has been called for from the Sessions Judge, Thrissur and the IIIrd Additional Sessions Judge before whom the appeal is now pending, has sent a report which reads as follows:
“In pursuance to the telephonic information received from the Hon’ble High Court of Kerala I may submit the following for kind consideration.
Criminal Appeal No.247/2012 is filed by one Rajeev against the Order No.B-11/18981/2012 passed by the District Collector, Thrissur under section 20 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The appeal memorandum is presented by Advocate Sri.Jose Mechery. The appeal was posted on 02.05.2014 by awaiting lower court records. On that day it is represented for and on behalf of the appellant that his counsel is appointed as Addl. Government Pleader and Public Prosecutor. Therefore the appellant prayed time for appointing fresh counsel and time for filing fresh Vakkalath for appellant. Accordingly time is granted. Now appeal is stands posted to 12.06.2014. Lower court records are yet to be received.
In the above circumstances I may submit that on receipt of Lower Court Records appeal can be disposed within one month. This is for kind information.”
5. The counsel for the petitioner submitted that in fact the criminal proceedings initiated has been quashed by this Court as per Ext. P4 order and the vehicle is with the Revenue Authorities since 2012.
6. On the other hand, the learned Public Prosecutor opposed the application.
7. It is an admitted fact that proceedings were initiated by the Revenue Authorities in respect of the JGB belonging to the petitioner invoking the provisions under the Act and the Revenue Divisional Officer after hearing the petitioner ordered the confiscation of the vehicle which was challenged by the petitioner by filing appeal before the District Collector under Section 20 of the said Act and the District Collector had confirmed the order which has been challenged by the petitioner by filing appeal before the District Court under Section 21 of the said Act and that appeal is now pending as Criminal Appeal No.247 of 2012. Time and again, the courts have held that effective steps must been taken to dispose of the cases in which vehicles were involved. But in spite of that there was delay in disposal of the appeal in this case. However, it is seen from the report of the Additional Sessions Judge before whom the appeal is pending that the 1st respondent has not produced the lower court records before the District Court and that caused the delay. So considering the circumstances, this court feels that the Original Petition (Criminal) can be disposed of as follows:
(i) The 1st respondent District Collector is directed to submit the records to the IIIrd Additional Sessions Court, Thrissur where the Criminal Appeal No.247 of 2012 is pending, which is filed against the order of the 1st respondent in B-11/18981/2012 with in two weeks from the date of receipt of this order.
(ii) The IIIrd Additional Sessions Judge is also directed to take effective steps to get the records from the 1st respondent and the Additional Sessions Judge is directed to dispose of the appeal within two months from the date of receipt of this order.
(iii) The learned Government Pleader is directed to communicated this order to the District Collector immediately for strict compliance.
With the above direction and observation, this Original Petition (Criminal) is disposed of. The office is directed to communicate this order to the 1st respondent as well as the Additional Sessions Judge, Thrissur before whom the case is pending immediately.
Sd/-
K. RAMAKRISHNAN, JUDGE.
DSV/23/05