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2014 Supreme(Online)(KER) 6131

HIGH COURT OF KERALA
P.N.RAVINDRAN, J
CHANDRAN – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent


JUDGMENT

The petitioner is the registered owner of a mini lorry bearing registration No.KL-41/4525. The said vehicle was seized by the second respondent on 18.10.2013 on the allegation that it was used to transport ordinary earth for the purpose of filling up paddy fields. After seizure, Ext.P1 mahazar was prepared and a report was submitted to the District Collector, Kozhikode under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 and the rules framed thereunder. In this writ petition filed under Article 226 of the Constitution of India, 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, W.P(C)No.3614/2014 having regard to the report submitted by the authorised officer and after affording the petitioner an

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