VASUDEVAN AND ORS Vs. DISTRICT COLLECTOR AND ORS

JUDGEMENT

(1.) The petitioner is the registered owner of a Mini Lorry bearing registration No.KL-11AG/2355 which was seized on 22.10.2012 on the allegation that the vehicle had unloaded red earth in a property planted with areacanut palms. Ext.P1 is a copy of the seizure mahazar.

(2.) It is vehemently contended by the learned counsel for the petitioner that the provisions of the Kerala Paddy Land and Wet Land Act will not apply herein since the property is a pucca garden land planted with areacanut palms aged more than 20 years and there are houses also surrounding the properties. It is also submitted that the land in question was reclaimed years back. Ext.P2 series are the photographs of the property where the red earth is unloaded.

(3.) Heard the learned Government Pleader appearing for the respondents. The photographs show that earth is unloaded in a property having areacanut palms. It is submitted by the learned counsel for the petitioner that if a local inspection is conducted, the petitioner will be able to satisfy the authority also that it is not a paddy land or wet land which is defined under the Kerala Conservation of Paddy Land and Wet Land Act. It is pointed out that this Court in various judgments had held that a mere description of property in the revenue records will not be sufficient if on an actual verification it is found that the land is already converted.