The petitioner's vehicle bearing registration No.KL-7-AU- 2617 has been seized alleging involvement of reclamation of wetland under the Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as the “Act”). According to the petitioner, this is a dry land and not a wet land. The petitioner, therefore, seeks release of the vehicle.
I am of the view, this is a disputed question of fact, it is for the District Collector to decide based on the verification of the draft data bank and other reports. Therefore, the petitioner shall approach the District Collector, Ernakulam with a petition for release of the vehicle. If such an application is filed before the District Collector after adverting to the materials and other reports, necessary orders shall be passed W.P.(C) No.25839 of 2014 2 within a period of two months from the date of receipt of such application. If the petitioner files an application in terms of Section 20 of the Act for interim custody of the vehicle, that shall also be considered within a period of two weeks.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln