1. Petitioner's vehicle bearing Reg.No.KL-20C-2090 has been seized on the allegation that he has used the same for levelling paddy land comprised in Sy.No.1404/1-1-2 of Palode village. According to the petitioner, since the excavator was used for the purpose of levelling the properties of one Muhammaed Shujai comprised in the above survey number, which property is a dry land as revealed from Ext.P5 report of the Village Officer, the proceedings under the Kerala Conservation of Paddy Land Wet Land Act 2008, is not attracted and the authorities has no right to detain the vehicle. He had submitted Ext.P8 representation before the District Collector seeking release of his vehicle.
2. Learned Government Pleader, on instructions, submits that perusal of Ext.P5 would show that the petitioner was using the W.P.(C)No.13083/2014 -:2:-
vehicle for filling up the paddy land having an extent of 70 cents.
3. Having regard to the aforesaid disputed questions of fact as to whether the petitioner was levelling the garden land or paddy land, I do not think that this Court can adjudicate the said disputed issue. Hence, I dispose of this writ petition with the following directions:
i) The District Collector shall consider Ext.P8 representation and pass orders thereon, within a period of six weeks from the date of receipt of a copy of this judgment;
ii) In the meantime, if the petitioner is ready to furnish security in any form for one and a half times the value of Excavator, the same shall be released to him on furnishing such security. The necessary W.P.(C)No.13083/2014 -:3:-
valuation can be obtained by the first respondent from the competent authority concerned.
A.M.Shaffique, Judge.
sl.