JUDGMENT :

A lorry was seized under section 19 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, ‘the Act’), alleging it to have been used for the reclamation of a paddy land. Petitioner, as the owner of the said vehicle, seeks, inter-alia, a declaration that the proceeding resulting in the seizure is illegal.

2. Petitioner is the registered owner of a tipper lorry bearing registration No.KL-57/A-4480. By a mahazar dated 17.03.2023, the said vehicle was seized by the 2nd respondent, alleging that it was used for transportation of earth for reclamation of a paddy land. Petitioner contends that the vehicle was seized from a public road, and there was no soil in it and hence, the seizure is illegal.

3. I have heard Sri. Cibi Thomas, the learned counsel for the petitioner and Smt.Devishri R., the learned Government Pleader.

4. The power of seizure under Section 19 of the Act can be invoked when a vehicle or other machinery is used or deemed to have been used for any activity in contravention of the provisions of the Act. For the purpose of reference, Section 19 of the Act is extracted below:

S. 19. “Power of entry and seizure- (1) Any officer of the Revenue Departme