Kerala Paddy Land Act | Magistrate Can’t Order Interim Custody Of Seized Vehicles Which Are Handed Over To Collector: High Court
The Kerala High Court has held that a Magistrate Court is not empowered to rule on interim custody of vehicles seized under the Kerala Conservation of Paddy Land and Wetland Act 2019, if the vehicles were handed over to District Collector.
Justice V.G. Arun conceded that through prior decisions it has been settled that the jurisdictional Magistrate has the power to order interim custody.
However, “in the cases at hand, the vehicles are handed over to the District Collector. In such circumstances, even if the Magistrate is directed to reconsider the petition, that will be a futile exercise,” the bench observed.
The clarification comes in the petitions moved for interim custody of tipper trucks seized for allegedly transporting ordinary earth in violation of the 2019 Act.
The petitioners had earlier approached the Magistrate Court under Section 503 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), seeking interim custody. However, the Magistrate dismissed the applications. Hence, the petitioners moved to the High Court.
Counsel for the petitioners cited the legal maxim “Boni judicis est ampliare jurisdictionem,” to contend which means it is part of a good Judge to enlarge his jurisdiction.
The State on the other hand argued that the vehicles had already been handed over to the District Collector following communication from the District Geologist.
As such, the Court directed the Collector to pass appropriate orders in the matter.
Case Title: Revathy C v. State of Kerala
Case No: Crl.M.C. Nos. 4182 & 4183 of 2025
Counsel for Petitioner: Adv. S. Nikhil Sankar
Counsel for Respondent: Crl.M.C. 4182/2025 – Public Prosecutor M.P. Prasanth Crl.M.C. 4183/2025 – Public Prosecutor M.C. Ashi
