Kerala High Court
M/S Amity Rock Products vs The District Collector on 8 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
WP(C).No.23829 OF 2020(C)
PETITIONER:
M/S AMITY ROCK PRODUCTS
THOTTATHUMKUZHI, CHUNKAPARA P.O., RANNI,
PATHANAMTHITTA, REPRESENTED BY ITS MANAGING DIRECTOR,
ABRAHAM K. THOMAS.
BY ADV. SHRI.PHILIP J.VETTICKATTU
RESPONDENTS:
1 THE DISTRICT COLLECTOR
KOTTAYAM, COLLECTORATE, KOTTAYAM-686002.
2 THE VILLAGE OFFICER,
PANACHIKKAD VILLAGE OFFICE, KOTTAYAM, PIN-686533.
R1-2 BY GOVERNMENT PLEADER
ADV. SRI.K J MANURAJ GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.23829 OF 2020(C)
2
JUDGMENT
Dated this the 8th day of January 2021
The short point that arises in this case is whether a vehicle can
be seized or confiscated merely on an apprehension that
transportation of red earth in the vehicle is for reclamation of paddy
land or wetland. This question arises unless the Kerala
Conservation of Paddy Land & Wet Land Act, 2008 (hereinafter
called Paddy Act, 2008). It is appropriate to refer section 19 of
Paddy Act, 2008 which reads thus.
"Power of entry and seizure- (1) Any officer of the
Revenue Department not below the rank (of Village Officer)
or any Officer authorised by the Government in this behalf
or any police officer not below the rank of a Sub-Inspector,
with a view to ensure the compliance of the provisions of
this Act, may enter and search any premises and seize any
vessel, vehicle or any other conveyance (or any clay, sand,
earth etc., removed from the paddy land or wetland or any
brick, tile made of all or any of them) or machinery used or
deemed to have been used for any activity in contravention
of the provisions of this Act, and a report regarding such
seizure, whether prosecution proceedings have been
initiated or not, shall be given to the (District Collector)
WP(C).No.23829 OF 2020(C)
having jurisdiction over that area within forty eight hours of
such seizure."
2. As seen from the above provision such vehicle can be
seized if the same is deemed to have been used for any activity in
contravention of the provisions of the Act. That means it must be
actually used for reclamation of any paddy land or wetland. If the
vehicle has not been used so far for reclamation activity such
vehicle cannot be proceeded under Section 19 of Paddy Act, 2008.
3. As seen from the Mahazar itself, the vehicle was seized
on apprehension that the vehicle was transporting red earth for the
purpose of reclamation of the paddy land. The report of the Village
Officer produced along with the memo filed by the Learned
Government Pleader also shows that the vehicle was seized near to
the converted land.
4. As seen from the statutory provision, power under
Section 19 of Paddy Act, 2008 can be invoked, if the vehicle has
been used for the purpose of reclamation of paddy land or wetland.
In the light of the above facts and circumstances, I am of the
view that the proceedings initiated against the petitioner are illegal
and unsustainable and without authority. Accordingly the entire
WP(C).No.23829 OF 2020(C)
proceedings are quashed. The vehicle is directed to be released to
the petitioner forthwith.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
SAS/08/01/2021 JUDGE
WP(C).No.23829 OF 2020(C)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF REGISTRATION CERTIFICATE OF
VEHICLE BEARING NO.KL-28-B-7659, DATED
6.3.2015.
EXHIBIT P2 TRUE COPY OF MAHAZAR DATED 20.12.2019
PREPARED BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF HEARING NOTICE ISSUED TO THE
PETITIONER DATED 21.10.2020.
RESPONDENTS' EXHIBITS:- NIL
//TRUE COPY//
P.A. TO JUDGE
