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2024 Supreme(Online)(KER) 2657
HIGH COURT OF KERALA
Murali Purushothaman, J
BAIJU – Appellant
Versus
THE VILLAGE OFFICER – Respondent
WP(C) 5625/2024
Land included in the Data Bank under the Kerala Conservation of Paddy Land and Wetland Act, 2008, is protected from certain activities, including filling and leveling.
Headnote:
LAND CONSERVATION - PADDY LAND AND WETLAND ACT - SEIZURE OF VEHICLE - [Kerala Conservation of Paddy Land and Wetland Act, 2008]
Fact of the Case:
The petitioner's lorry was seized for allegedly violating the Kerala Conservation of Paddy Land and Wetland Act, 2008, and the Kerala Minor Mineral Concession Rules, 2015. The petitioner claimed that the land where the vehicle was deployed was not included in the Data Bank and was converted prior to the Act's introduction.
Finding of the Court:
The court found that if the property where the vehicle was seized was not included in the Data Bank, the petitioner could not be proceeded against for violating the Act. The court directed the petitioner to apply for the release of the vehicle, and the authorities were ordered to consider the application and pass appropriate orders.
Issues: Whether the property where the vehicle was seized was included in the Data Bank.
Ratio Decidendi: If the property is not included in the Data Bank, the petitioner cannot be proceeded against for violating the Act.
Final Decision: The court directed the petitioner to apply for the release of the vehicle, and the authorities were ordered to consider the application and pass appropriate orders.
JUDGMENT
The petitioner is the owner of a lorry bearing Registration No.KL-54-1952. The said vehicle was seized by the 1st respondent, the Village OfÏcer on the allegation that the petitioner has violated the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, ‘the Act, 2008’) and the Kerala Minor Mineral Concession Rules, 2015. Ext.P1 is the seizure mahazar. In Ext.P1, it is stated that the said vehicle was used for filling up the property in Sy. No.43/5-6 belonging to one Shakkeer. The petitioner submits that the said property comprised in Sy. No.43/5-6 is a converted land and not included in the Data Bank and converted much prior to the introduction of the Act, 2008. The petitioner has produced Ext.P3 relevant extract of the Data Bank. It is contended that the land where the vehicle was deployed for filling earth is not included in the Data Bank and therefore the seizure is illegal and the vehicle has to be released to the petitioner.
2. The learned Government Pleader, on instructions, submits that the entire property in Sy.
No.43/5 is included in the Data Bank.
3. This is disputed by the learned counsel for the petitioner stating that sub division 6 of 43/5 is not included in the Data Bank.
4. If the property referred to in Ext.P1 (Sy.No.43/5-6) is not included in the Data Bank, the petitioner cannot be proceeded against for violation of the provisions of the Act, 2008. This is a matter which has to be ascertained by the authorities concerned.
5. Accordingly, there will be a direction to the petitioner to make necessary application for release of the vehicle before the 2nd respondent and once such an application is received, the 2nd respondent shall consider the same within a period of five working days therefrom and pass appropriate orders in accordance with law.
6. If the property is included in the Data Bank, it will be open to the District Collector to order release of the vehicle with appropriate conditions as he deems fit.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
APPENDIX PETITIONER EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE MAHASAR DATED
10.01.2024 PREPARED BY THE FIRST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED
19.06.2023 ISSUED BY THE VILLAGE OFFICER, EDAPPAL.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF DATA BANK IN CONNECTION WITH THE PROPERTY COMPRISED IN SY.NO.43/5 AND ITS SUB DIVISIONS.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN ELDHOSE MANI VS SUB INSPECTOR REPORTED IN 2022(5) KLT
796.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN DEEPU VS. DISTRICT COLLECTOR REPORTED IN 2022(4) KLT 583.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN SIRAJ VS. DISTRICT COLLECTOR REPORTED IN 2023 KLT ONLINE
2091.
RESPONDENTS EXHIBITS: NIL.
