Petitioner's vehicle bearing registration No.KL-42D-5311 has been seized alleging contraventions of the provisions of Kerala Conservation of Paddy Land and Wet Land Act, 2008.
2. Learned Government Pleader on instruction submits that it is a paddy land.
3. However, petitioner relies on Ext.P4 report of the Village Officer to the District Collector, Ernakulam. The Village Officer also have submitted photographs along with the report. The above photographs have been produced before this Court. This would show that the land is a dry land by appearance. Therefore, an enquiry is warranted as to the nature of the land.
4. Considering the facts and circumstances, I am of the view, the vehicle can be released to the petitioner on the following conditions:
(i) Petitioner shall execute a simple bond for value of vehicle with two sureties before the second respondent and also shall deposit RC. A certificate shall be issued to the petitioner regarding deposit of RC.
W.P(C).No.31256 of 2014F 2
(ii) Petitioner shall approach the Local Level Monitoring Committee with an application within a week from the date of receipt of a copy of this judgment. Local Level Monitoring Committee shall conclude its proceedings to find out whether this can be classified as paddy land as on the date of enactment of Act 28 of 2008 and shall take a decision within a period of four weeks after receipt of the application.
(iii) Thereafter, based on the decision of the Local Level Monitoring Committee, a decision shall be taken by the District Collector within a further period of three weeks.
(iv) The release of the vehicle will be depend upon the final decision of the District Collector in the proceedings initiated under the Act 28 of 2008.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/02/12/14