The petitioner's vehicle, a JCB bearing registration No.KL-70-3822 has been seized alleging reclamation of paddy land in contraventions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short, the 'Act 28 of 2008'). Ext.P1 is the seizure mahazar prepared in the matter. Ext.P1 would show that the property is situated in Re-survey No.274/14 of Vallangy Village. The learned counsel for the petitioner points out that the property is shown as reclaimed land in the draft data bank. Thereafter, realizing that this land will not come within the ambit of Act 28 of 2008, the Village Officer corrected the survey number as 270/14 after a week. Admittedly, the property in Re-survey No.270/14 is a paddy land. The question whether the reclaimed land is a W.P.(C) No.33182 of 2014 2 paddy land or not. This can be easily verified, as admittedly, there is a reclamation. Therefore, the District Collector shall verify the records with the assistance of the Tahsildar whether the reclaimed land referred in Ext.P1 mahazar is situated in Re-survey Nos.274/14 or 270/14. This shall be done within a period of six weeks. In the meanwhile, the vehicle shall be released to the petitioner on surrendering the RC Book and also on executing a simple bond with two sureties. The petitioner shall also file an affidavit undertaking that he will surrender the vehicle before the District Collector if the land in question is found not to be a paddy land. However, if it is found that the petitioner's vehicle had actually reclaimed the land in Survey No.270/14, the petitioner shall surrender his vehicle to the authorities. The District Collector shall finalise the entire proceedings within a period of six weeks. The release of the vehicle will W.P.(C) No.33182 of 2014 3 depend upon the final outcome of the proceedings. The interim custody of the vehicle shall be given to the petitioner forthwith on complying with the above conditions.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln