Petitioner's vehicle bearing registration No.KL-05/V-436 has been seized alleging that this vehicle is involved in reclamation of paddy or wet land in contravention of the Act 28 of 2008. Petitioner relies on Ext.P5, the data bank prepared under the Act 28 of 2008. According to the entry in the data bank, the property is fully converted. If the property is fully converted before the Act 28 of 2008, petitioner is entitled to release of the vehicle. Hence no offence can be registered against the petitioner under the Act 28 of 2008. However, this has to be verified by the District Collector after obtaining a report from the Agricultural officer.
2. In the light of the above, the District Collector is directed to obtain a report from the Agricultural Officer within whose jurisdiction this property falls and if the report indicates that this property is fully converted before the Act 28 of 2008 and is not included in the data bank as paddy or wet land, the vehicle shall be released to the petitioner forthwith. Needful shall be done within a period of ten days from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of as above.
Sbna/16/10/14 Sd/-
A.MUHAMED MUSTAQUE, JUDGE.