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Kochumon

High Court Of Kerala|20 December, 2014
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JUDGMENT / ORDER

Petitioner’s vehicles bearing registration Nos.KL-04-V-884 and KL-40-B-2824 have been seized for contravening the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. Petitioner submits that as seen from Exts.P3 and P4 seizure mahazars, the vehicles were seized from survey No.77/11 of Kadapra Village and that the above survey number is not included in the draft data bank. Earlier petitioner approached this Court for release of the vehicles and by Ext.P8 judgment this Court ordered release of the vehicles on furnishing security in the form of immovable property for an amount of 1.5 times value of the vehicles. Petitioner preferred Ext.P9 petition before the 1st respondent to release the vehicles and complete the proceedings. 1st respondent issued Ext.P10 order directing to release the vehicles and also directing the 2nd respondent to take action against the land owner. Petitioner's grievance is that the 1st respondent did not drop the proceedings against the petitioner's vehicles so far.
2. In view of the fact that the property is not seen classified as a paddy land, District collector shall take appropriate W.P(C).No.33503 of 2014K 2 decision in the matter in the light of the above after obtaining report from the Agricultural Officer or Village Officer. Needful shall be done within a period of three weeks from the date of receipt of a copy of this judgment. If the vehicles were not seized from the paddy land, necessarily all the proceedings against the petitioner's vehicles shall be dropped. The security deposit already made by the petitioner shall be released to him, in the event the District Collector finds that the vehicles seized are not from the paddy land.
The writ petition is disposed of as above.
Sbna/22/12/14 Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
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Title

Kochumon

Court

High Court Of Kerala

JudgmentDate
20 December, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • T P Pradeep Sri
  • P K Sathees
  • Kumar