2025:KER:27389 WP(C)No.8741 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 8741 OF 2025 PETITIONER/S: MUHAMMED BAKTHYAR , AGED 44 YEARS S/O ABOOBAKKAR ,CHOLAKKAL HOUSE, KOLAPPURAM,A.R .NAGAR, MALAPPURAM DISTRICT, PIN - 676305 BY ADV K.N.MUHAMMED THANVEER RESPONDENT/S: 1 DISTRICT COLLLECTOR ,MALAPPURAM , COLLECTORATE ,U.P.HILL. MALAPPURAM DISTRICT, PIN - 676505 2 REVENUE DIVISIONAL OFFICER ,TIRUR, REVENUE DIVISIONAL OFFICE ,TIRUR ,MALAPPURAM DISTRICT, PIN - 676101 3 TAHASILDAR (LAND RECORDS),TIRURANGADI, TALUK OFFICE ,TIRURANGADI,MALAPPURAM, PIN - 676306 4 AGRICULTURAL OFFICER, KRISHI BHAVAN ,TIRURANGADI,MALAPPURAM, PIN - 676306 5 VILLAGE OFFICER , VILLAGE OFFICE, TIRURANGADI ,MALAPPURAM, PIN - 676306 OTHER PRESENT: Smt.Amminikutty.K, Sr.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27389 WP(C)No.8741 of 2025 2 J U D G M E N T The petitioner is aggrieved by Ext.P7 order passed by the 1st respondent herein under Sec.20 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 confiscating the vehicle of the petitioner. The said vehicle was seized as early as on 10.05.2017. It is discernible from the records that the same is challenged by the petitioner before this Court only in the year 2021 as evidenced by Ext.P3. Now the impugned order was passed on 01.08.2024, which according to the petitioner, was served upon him when the same was produced in Contempt of Case No.1857/2025 as per Annexure R1(e). As far as Ext.P7 order is concerned, it is appealable under Sec.27of Kerala Conservation of Paddy Land and Wetland Act, 2008. Since the challenge raised in the writ petition involves the disputed questions of facts, it is only proper that petitioner invokes his statutory remedy. In such circumstances, this writ petition is closed, without prejudice to the right of the petitioner to challenge Ext.P7 order by invoking his Appellate remedy under Sec.21 of the Kerala Conservation of Paddy Land and Wetland Act. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/28.03 2025:KER:27389 WP(C)No.8741 of 2025 3 APPENDIX OF WP(C) 8741/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGEMENT IN W.P.(C ) 29962 OF 2021 DATED 18/01/2022 Exhibit P2 TRUE COPY OF THE SEIZURE MAHZAR PREPARED BY THE 5TH RESPONDENT DATED 10/05/2017 Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 29/05/2024 IN W.P.(C). NO. 18978/2024 Exhibit P4 TRUE COPY OF THE AFFIDAVIT DATED 16/08/2024 FILED BY THE 1ST RESPONDENT IN CON .CASE(C) NO 1857/2024 Exhibit P5 TRUE COPY OF THE AFFIDAVIT DATED 04/09/2024 FILED BY THE 1ST RESPONDENT IN CON.CASE(C) NO 1857/2024 Exhibit P6 TRUE COPY OF THE VALUE ASSESSMENT REPORT OF THE VEHICLE DATED 23/06/2024 Exhibit P7 TRUE COPY OF THE ORDER DCMPM/2900/2017-B4 DATED 01/08/2024 PASSED BY 1ST RESPONDENT Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 03/02/2025 IN CON.CASE(C) NO.1857 OF 2024 Exhibit P9 TRUE COPY OF BUILDING PERMIT DATED 08/02/2018 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE