Point of Law: As per section 19 of Act, 2008, authorised officers are vested with powers of entry and seizure of the vehicles which had indulged in conversion of paddy fields.

JUDGMENT :

SHAJI P. CHALY, J.

1. This writ petition is filed by the petitioner challenging Exhibit P9 order passed by the District Collector, Malappuram dated 3.10.2014, by which vehicles belonging to the petitioner bearing Registration Nos. KL-10-AF-5303 and KL-10-AG-230 were confiscated for violation of the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008; however with an option to the petitioner to pay an amount of Rs. 3,05,0000/- on each vehicle for getting the vehicles released in his favour.

2. Brief material facts for the disposal of the writ petition are as follows.

3. Petitioner is the registered owner of tipper lorries bearing registration numbers specified above. The above vehicles were seized on 8.4.2014 when the above vehicles were used for transporting earth to the property of one K.Mohammed alleging that the vehicles were used for filling up of paddy field comprised in Re Sy. Nos. 213/2 and 213/4 of Block No. 2 of Chelembra Village, evident from Exhibits P3 and P4 and the petitioner's vehicles were thereafter, removed to Thenhipalam Police Station, evident from Exhibit P5 report dated 11.4.2014. Later, confiscation proceedings were initiated by the Tahsildar, Kondotty, Malappuram District and accordingly, petitioner appeared before the District Collector, Malappuram - the 5th respondent on 16.7.2014 for a hearing on the issue.

4. The case of the petitioner is that even though petitioner asserted the fact that he has not used the vehicles for illegal reclamation of paddy field as alleged, the 5th respondent has imposed a fine of Rs. 3,05,000/- on each vehicle and passed Exhibit P6 order dated 19.7.2014. Exhibit P6 order was challenged earlier before this Court by filing W.P. (C) No. 21240/2014 and this Court vide judgment dated 28.8.2014 has set aside Exhibit P6 order and directed the District Collector to reconsider the matter after verifying the draft data bank prepared under Act 28 of 2008. Thereafter, petitioner was given an opportunity for hearing, however, according to the petitioner, without adverting to the provisions of Act 28 of 2008 and the data bank prepared, the District Collector has passed the impugned order- Exhibit P9.

5. The paramount contention advanced by the petitioner in this writ petition is that as per Exhibit P10 draft data bank, the property is shown to be converted 25 years prior to coming into force of the Act, 2008 and therefore, there is no violation of any of the provisions of Act, 2008 enabling the Revenue Authorities and the District Collector to initiate action against the petitioner. It is also pointed out that the owner of the property - K. Mohammed has approached this Court by filing W.P. (C) No. 27801/2014, challenging the action initiated against the reclamation of paddy field. The said writ petition was allowed as per a judgment dated 30th day of July, 2020 and quashed the proceedings initiated by the District Collector. Therefore, according to the petitioner, interference is required to Exhibit P9 order passed by the District Collector.

6. I have heard, learned counsel for the petitioner Sri. R. Bindu Sasthamangalam, learned Senior Government Pleader Sri. Joby Joseph for the State and its officials and perused the pleadings and materials on record.

7. Learned counsel for the petitioner advanced arguments on the basis of the discussions made above. Learned counsel has also invited my attention to various provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008.

8. On the other hand learned Government Pleader submitted that as per the revenue records and the data bank, the property in question is a paddy field and accordingly, the filling up of the same using sand, soil or gravel, is in violation of the provisions of the Act, 2008 and therefore, the District Collector was right in taking action against the petitioner under the provisions of the Act, 2008.

9. Paddy field is defined under section 2 (xii) to mean, all types of land situated in th