SABU T. K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved with Ext.P8 order. The facts leading to the impugned order are to be briefly stated. The petitioner's vehicle was found to be levelling sand collected in a property in Re - Survey No. 163/1 in Block No. 8 of Thrikodithanam Village. Proceedings were taken under the Kerala Conservation of Paddy land and Wetland Act, 2008 (for short "Paddy Land Act" only). The District Collector by Ext.P6 directed payment of 1 1/2 times the value of the vehicle as penalty under the Paddy Land Act. The same was challenged before the District Court which set aside the entire proceedings and directed re - consideration.

(2.) Ext.P8 is the reconsideration made which directed compounding of the offence under the Kerala Miner Mineral Concession Rules, 2015 (for short KMMC Rules only) for Rs.25,000.00. The proceedings itself was under the Paddy Land Act. The District Collector was directed to decide afresh the issue under the Paddy Land Act, which culminated in the finding that the land was included in the data bank as a converted land. Hence, there could be no proceedings initiated for violation of the provisions since there was no filling up of paddy land or wetland.

(3.) However, the District Collector found that the allegations would lead to an allegation of an offence under the KMMC Rules and directed the compounding fee to be paid as penalty. At the outset, it is to be noticed that compounding fee is only on the option of the alleged offender and no payment of the same can be directed as penalty. The petitioner has not sought for any compounding. Further the allegations raised under the KMMC Rules were never put to the petitioner. The District Collector was acting under the Paddy Land Act, and after finding the said allegations to be not sustainable under the said Act, turned round and made allegations against the vehicle on the basis of the provisions of the KMMC Rules and imposed a penalty. The same was not warranted and is not legally permissible. In such circumstance, the order at Ext.P8 would stand set aside. The vehicle of the petitioner shall be released immediately at any rate, within two weeks from the date of receipt of a certified copy of this judgment. Writ petition is allowed. No costs.