J U D G M E N T

The petitioner is the registered owner of a JCB bearing registration No.KL-29-5437 which was seized on 29.10.2012. According to the petitioner, the allegation is that the JCB was used without any permit for transportation of red earth in violation of the provisions of the Kerala Minor Mineral Concession Rules , 1967. It is contended that the 3rd respondent is not an authorized authority to exercise the powers under the .

2. According to the petitioner, the benefit of Rule 60A(1) of the Kerala Minor Mineral Concession Rules for compounding has been sought for by the petitioner but so far it has not been conceded by acting upon the application.

3. Learned Government Pleader on getting instructions submitted that the allegation is one of violation of the provisions of the Kerala Conservation of Paddy Land and Wet Land Act and therefore, the application for compounding cannot be entertained and if the petitioner seeks for interim release of the vehicle, the petitioner will have to move the District Collector.

4. Learned counsel for the petitioner submitted that the petitioner's stand is that only the provisions of the Kerala Minor Mineral Concession Rules are appli