The petitioner's lorry bearing registration No.KL-14-H- 3978 and an excavator JCB bearing registration No.KL-5-X- 9721 have been seized alleging reclamation of paddy land. Petitioner's case is that the above vehicles are not involved in any reclamation of paddy land. It is submitted that the land referred in the mahazar is a converted land and planted with rubber plants.
2. The learned Government Pleader, on instructions, submits that in BTR the above property is shown as wetland. However, in the draft data bank it is classified as converted land in the year 2000. In view of the fact that it is classified as a converted land before Act 28 of 2008, I am of the view, no offence would lie against the petitioner for contravention of the provisions of the Kerala Paddy Land and Wet Land Act, 2008. However, if the lorry is involved in
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2 transporting ordinary earth without 'P' form. Therefore, the offence against the petitioner would lie in respect of the lorry for violating the Kerala Minor Mineral Concession Rules. The JCB having used only for levelling the property, no offence would lie as no provisions of the Kerala Paddy Land and Wet Land Act has been controverted by the petitioner. Therefore, the JCB shall be released to the petitioner without any conditions. However, the petitioner has expressed his willingness to compound the offence under Rule 60A of the Kerala Minor Mineral Concession Rules in respect of the lorry for transporting ordinary earth without permit. In view of the above, the petitioner shall be permitted to compound the offence in respect of lorry bearing Reg.No.KL-14-H-3978 on payment of Rs.25,000/-. On payment of Rs.25,000/-, the first respondent shall release the vehicle KL-14-H-3978 to the petitioner. The JCB shall be released to the petitioner without any condition. On compounding the offence, if any crime is registered against the petitioner, a report shall be filed before the
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3 competent jurisdictional magistrate recording compounding of the offence. The vehicle shall be released to the petitioner on payment of the above amount forthwith.
Writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (JUDGE)
Kvs/-
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