J U D G M E N T

The petitioner is the registered owner of a mini lorry bearing registration No.KL-10AF/9995. The said vehicle was seized by the second respondent on 8.12.2013 on the allegation that it was used to transport red earth for the purpose of filling up paddy fields. At the time of seizure, Ext.P1 mahazar was prepared and a report was submitted to the Sub Collector, Kozhikkode under the Kerala Conservation of Paddy Land and Wet Land Act , 2008 and the rules framed thereunder. In this writ petition, the petitioner prays for an order directing the respondents to release the vehicle to him forthwith and to permit him to compound the offence.

2. The question whether the petitioner's vehicle is liable to be confiscated under the provisions of the Kerala Conservation of Paddy Land and Wet Land Act , 2008 is yet to be decided by the District Collector. The District Collector will have to take a decision in the matter in exercise of the power conferred on him under section 20 and other enabling provisions of the said Act, having regard to the report submitted by the authorised officer and after affording the W.P.(C) No.742/2014 2 petitioner an opportunity of being heard. The provi