DEEPU D. Vs. DISTRICT COLLECTOR, KOLLAM

JUDGEMENT

(1.) The petitioner, whose JCB Excavator bearing registration No.KL-23U-6043 has been seized alleging violation of the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008, is before this Court seeking to quash Ext.P6 order of the 1st respondent-District Collector and to direct the 1st respondent to give the interim custody of the vehicle to the petitioner.

(2.) The petitioner states that he used to let on hire the JCB to needy people, as a means of his livelihood. The JCB was used to clear bushes in a land in Clappana Village, on 19/3/2022. The 3rd respondent-Village Officer came to the spot and seized the JCB stating that the land is 'Nilam' in Revenue records and the JCB was used to violate the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as "the Act, 2008", for brevity).

(3.) The petitioner states that 7.69 Ares of land in Survey No.603/9-1 of Clappana Village where the JCB was used, is not included in the Data Bank and hence is an unnotified land. It, in fact, is a garden land with standing trees 20 year old. A report has not been forwarded to the 1st respondent-District Collector so far and the matter is still pending with the 2nd respondent-Tahsildar.