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2016 Supreme(Ker) 1392

K.VINOD CHANDRAN
Sabu T. K. – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

K. Vinod Chandran, J.

1. The petitioner is aggrieved with Ext. P8 order. The facts leading to the impugned order are to be briefly stated. The petitioner's vehicle was found to be levelling sand collected in a property in Re-Survey No. 163/1 in Block No. 8 of Thrikodithanam Village. Proceedings were taken under the Kerala Conservation of Paddy land and Wetland Act, 2008 (for short "Paddy Land Act" only). The District Collector by Ext. P6 directed payment of VA times the value of the vehicle as penalty under the Paddy Land Act. The same was challenged before the District Court which set aside the entire proceedings and directed re-consideration. Ext. P8 is the reconsideration made which directed compounding of the offence under the Kerala Miner Mineral Concession Rules, 2015 (for short KMMC Rules only) for Rs. 25,000/-. The proceedings itself was under the Paddy Land Act. The District Collector was directed to decide afresh the issue under the Paddy Land Act, which culminated in the finding that the land was included in the data bank as a converted land. Hence, there could be no proceedings initiated for violation of the provisions since there was no filling up of paddy land


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