ANIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the owner of a mini Hydraulic excavator bearing Model TB 235. He used to give his vehicle on hire for his livelihood. While so Respondent No.4 has seized the vehicle and the District Collector, the 2 nd respondent on 1.8.2019 (Ext.P7) issued order for confiscation of the vehicle alleging that he has used the vehicle to convert a paddy land against the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short 'Wetland Act'). The order of the District Collector was challenged before the District Court in C.M.A. No. 22 of 2019 and it was set aside with liberty to issue fresh order in accordance with the law(Ext.P8). Thereafter, the 2nd respondent passed a fresh order of confiscation on 27.9.2019 (Ext.P10). Again the petitioner approached the District Court with C.M.A. No. 31 of 2019.But the said C.M.A. was dismissed by the District Judge by judgment dated 5.11.2019 (Ext.P11). Aggrieved by the said judgment, this O.P has been filed.

(2.) The learned counsel for the petitioner has contended that the petitioner has not violated the provisions of Wetland Act and in fact the owners of the land where the petitioner was engaged to do work had obtained valid building permit from authorities and totally ignoring the same, the order was issued by the 2 nd respondent. The petitioner has purchased the vehicle by availing loan from the Bank and his entire family is depending upon the said vehicle for their livelihood. The order of the District Collector has thus caused much prejudice to the petitioner especially because he has not acted against the provisions of Wetland Act.

(3.) The 6th respondent filed a counter affidavit contending that the building permit was actually granted to one Mohandas as early as on 20.02.2015. Later the permit was renewed on 4.4.2018 and it was renewed in the name of Chandrasekharan and others, the persons presently holding the land. Actually, the property owned by Chandrasekharan and others is surrounded by PWD road, residential buildings and commercial buildings on its four sides. That land was converted prior to the Wetland Act, which came into effect from 12.08.2008.