1. Petitioners' vehicle bearing Reg.Nos.KL-10-AP-6295 and KL- 53-E-3122 respectively had been seized based on Ext.P1 mahazar dated 4.3.2014. It is inter alia stated that the vehicles were used for filling up paddy land coming under the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, (hereinafter referred to as 'the Act') and therefore, there is violation of the said provision.
2. It is the contention of the petitioners that the land in question is not a paddy land as defined under the Act and at best it can only be violation of Kerala Minor Mineral Concession Rules, 1967, in which case, the petitioners are willing to compound the offence. However, since it is stated in the mahazar regarding violation of the Act aforesaid, it is for the appropriate authority to take final W.P.(C)No.12650 of 2014 -:2:-
decision in the matter. In the circumstances, this writ petition is disposed of as under:
i) Petitioners shall approach the first respondent and make necessary representation for releasing the vehicles on the grounds stated by him and the first respondent shall pass appropriate interim orders within a period of two weeks from the date of receipt of a copy of this judgment and final orders, within a period of six weeks thereafter.
ii) If it is found that the provisions of the Act has no application to the facts of the present case, the Collector shall relegate the matter to the appropriate authority, if any other violation has come to the notice of the said authority.
iii) The interim custody of the vehicles, if any, W.P.(C)No.12650 of 2014 -:3:-
shall be granted, subject to the petitioners furnishing security by deposit of title deeds of immovable property for one and a half times value of the vehicles involved.
A.M.Shaffique, Judge.
sl.