MUFASAL Vs. VILLAGE OFFICER, FEROKE KOZHIKODE DISTRICT, PIN

JUDGEMENT

(1.) The petitioner has approached this Court aggrieved by Ext.P11 order of confiscation of the 3rd respondent in proceedings under Section 20 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008, (hereinafter referred to as '2008 Act' for short). It is the case of the petitioner that in Ext.P11 order, the District Collector has not considered the various contentions raised by the petitioner against the proposal for confiscation, and it is a mechanical order passed bereft of any reasons. It is further submitted that, although the petitioner has an alternate remedy by way of an appeal to the District Court under Section 21 of the 2008 Act, the said remedy is time consuming and in the meanwhile, the vehicle of the petitioner would be under the custody of the respondents, causing prejudice to the petitioner. It is further pointed out that the option given in Ext.P11 order, permitting the petitioner to obtain a release of vehicle on payment of an amount of Rs. 5,25,000/-, which is estimated as one and half times the value of the vehicle by the District Collector, is not a realistic relief as far as the petitioner is concerned, since he is not in a position to raise the said amount of money for the purposes of obtaining a release of the vehicle.

(2.) I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader appearing for respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I find that as against Ext.P11 order of confiscation, the petitioner has an effective alternate remedy by way of appeal under Section 21 of the 2008 Act, before the jurisdictional District Court. I take note, however, of the submission of the learned counsel for the petitioner that since the filing of the appeal and preferring of an application for interim custody of the vehicle would take time, some arrangement has to be made in the interregnum for enabling the petitioner to obtain and interim release of the vehicle. Under the said circumstances, I dispose the writ petition with the following directions: