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Judgment
8 paragraphs · 189 wordsMini excavator belonging to the petitioner was seized alleging violation of the provisions of the Kerala Conservation of Paddy land and Wetland Act,
2008. The petitioner seeks for release of the vehicle.
According to the petitioner, the excavator in question was not used for reclamation of paddy land, and the premises from which the excavator was
seized is also not a paddy land; hence the provisions of the Act is not attracted and the vehicle is not liable to be confiscated, contends the petitioner.
In terms of Section 20 of the Act, the first respondent-District Collector is the authority to determine on the issue. It is open for the petitioner to
raise all his contentions before the first respondent. The files relating to the incident, including the mahazar, shall be forwarded to the first respondent
forthwith, if not already forwarded, and the first respondent shall exercise his jurisdiction in terms of Section 20 of the Act after hearing the petitioner
and pass appropriate orders. Let the proceedings be completed within a period of one month from the date of receipt of a copy of this judgment.