JUDGMENT : SHAJI P. CHALY, J. 1. This writ petition is filed by the petitioner challenging Exhibit P9 order passed by the District Collector, Malappuram dated 3.10.2014, by which vehicles belonging to the petitioner bearing Registration Nos. KL-10-AF-5303 and KL-10-AG-230 were confiscated for violation of the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008; however with an option to the petitioner to pay an amount of Rs. 3,05,0000/- on each vehicle for getting the vehicles released in his favour. 2. Brief material facts for the disposal of the writ petition are as follows. 3. Petitioner is the registered owner of tipper lorries bearing registration numbers specified above. The above vehicles were seized on 8.4.2014 when the above vehicles were used for transporting earth to the property of one K.Mohammed alleging that the vehicles were used for filling up of paddy field comprised in Re Sy. Nos. 213/2 and 213/4 of Block No. 2 of Chelembra Village, evident from Exhibits P3 and P4 and the petitioner's vehicles were thereafter, removed to Thenhipalam Police Station, evident from Exhibit P5 report dated 11.4.2014. Later, confiscation proceedings were initiated by the Tahsildar, Kondotty, Malappuram District and accordingly, petitioner appeared before the District Collector, Malappuram - the 5th respondent on 16.7.2014 for a hearing on the issue. 4. The case of the petitioner is that even though petitioner asserted the fact that he has not used the vehicles for illegal reclamation of paddy field as alleged, the 5th respondent has imposed a fine of Rs. 3,05,000/- on each vehicle and passed Exhibit P6 order dated 19.7.2014. Exhibit P6 order was challenged earlier before this Court by filing W.P. (C) No. 21240/2014 and this Court vide judgment dated 28.8.2014 has set aside Exhibit P6 order and directed the District Collector to reconsider the matter after verifying the draft data bank prepared under Act 28 of 2008. Thereafter, petitioner was given an opportunity for hearing, however, according to the petitioner, without adverting to the provisions of Act 28 of 2008 and the data bank prepared, the District Collector has passed the impugned order- Exhibit P9. 5. Thereafter, petitioner was given an opportunity for hearing, however, according to the petitioner, without adverting to the provisions of Act 28 of 2008 and the data bank prepared, the District Collector has passed the impugned order- Exhibit P9. 5. The paramount contention advanced by the petitioner in this writ petition is that as per Exhibit P10 draft data bank, the property is shown to be converted 25 years prior to coming into force of the Act, 2008 and therefore, there is no violation of any of the provisions of Act, 2008 enabling the Revenue Authorities and the District Collector to initiate action against the petitioner. It is also pointed out that the owner of the property - K. Mohammed has approached this Court by filing W.P. (C) No. 27801/2014, challenging the action initiated against the reclamation of paddy field. The said writ petition was allowed as per a judgment dated 30th day of July, 2020 and quashed the proceedings initiated by the District Collector. Therefore, according to the petitioner, interference is required to Exhibit P9 order passed by the District Collector. 6. I have heard, learned counsel for the petitioner Sri. R. Bindu Sasthamangalam, learned Senior Government Pleader Sri. Joby Joseph for the State and its officials and perused the pleadings and materials on record. 7. Learned counsel for the petitioner advanced arguments on the basis of the discussions made above. Learned counsel has also invited my attention to various provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008. 8. On the other hand learned Government Pleader submitted that as per the revenue records and the data bank, the property in question is a paddy field and accordingly, the filling up of the same using sand, soil or gravel, is in violation of the provisions of the Act, 2008 and therefore, the District Collector was right in taking action against the petitioner under the provisions of the Act, 2008. 9. Paddy field is defined under section 2 (xii) to mean, all types of land situated in the State where paddy is cultivated at least once in a year or suitable for paddy cultivation but uncultivated and left fallow, and includes its allied construction like bunds, drainage channels, ponds and canals. 9. Paddy field is defined under section 2 (xii) to mean, all types of land situated in the State where paddy is cultivated at least once in a year or suitable for paddy cultivation but uncultivated and left fallow, and includes its allied construction like bunds, drainage channels, ponds and canals. Section 3, no doubt creates a prohibition on conversion or reclamation of paddy land; however sub-section (1) thereto specifies that on and from the date of commencement of the Act, the owner, occupier or the person in custody of any paddy land shall not undertake any activity for the conversion or reclamation of such paddy land except in accordance with the provisions of the Act. 10. In order to prepare the data bank for the purpose of monitoring the implementation of the provisions of Act, 2008, a Local Level Monitoring Committee in each village or Municipality is constituted, comprising of the President or Chairperson/Mayor of the Grama Panchayat or Municipality or the Corporation, as the case may be, along with other officers and representatives of the local body as per section 5 of Act, 2008. Among other powers, the committee is vested with the power under sub-section (4) thereto, to prepare the data bank with the details of the cultivable paddy land and wetland within the area of jurisdiction of the committee, with the help of the map prepared or to be prepared by the State Land Use Board or Centre-State Science and Technology Institutions on the basis of satellite pictures by incorporating the survey members and extent in the data-bank and get it notified by the concerned Panchayat/Municipality/Corporation, in such manner as may be prescribed, and exhibit the same for the information of the public, in the respective Panchayat/Municipality/Corporation Office and in the Village Office/Offices. Even though the Act, 2008 did not have a provision to remove a property from the data bank as per the Amendment Act 29 of 2008, a proviso is included to sub-section (4) of section 5 conferring power on the Revenue Divisional Officer concerned to entertain applications for removal of the paddy land from the data bank on and with effect from 30.12.2017. That apart, the Kerala Conservation of Paddy Land and Wetland rules, 2008 was introduced in exercise of powers conferred under section 30 of the Act, 2008. Rule 4 thereto deals with preparation of data bank. That apart, the Kerala Conservation of Paddy Land and Wetland rules, 2008 was introduced in exercise of powers conferred under section 30 of the Act, 2008. Rule 4 thereto deals with preparation of data bank. Sub-Rule (1) makes it clear that the Local Level Monitoring Committee shall prepare a data bank containing the details including survey number and area of the existing paddy land and wetland suitable for cultivation in the locality wherein each committee has jurisdiction within three months from the date of commencement of Rules, 2008. Sub-Section (2) makes it clear that while preparing the details of existing paddy land and wetland suitable for cultivation in the locality as per sub-rule (1), the procedure prescribed under sub-rule (2) of rule 4 shall be complied with, which is relevant to the context and it reads thus: “(a) Village Officer concerned shall submit details of land, recorded as paddy land suitable for cultivation as per existing revenue records of the locality wherein the Committee has jurisdiction, to the Agricultural Officer concerned and accordingly. Agricultural officer, after inspecting whether this land is now suitable for cultivating paddy by inspecting each area, and the Village Officer by conducting inspection of the land on the basis of revenue records regarding wetlands, shall ascertain and based on the information gathered after conducting such inspection, Agricultural Officer and Village Officer shall together prepare and submit a draft data bank of paddy lands and wetlands to the Committee for consideration. (b) The Committee shall examine the draft data bank obtained as per clause (a) and shall make reasonable corrections if necessary. The committee shall finalise and approve the said data bank of paddy lands and wetlands within the jurisdiction of the committee after examining with the help of map prepared by National Remote sensing Agency or State land Conservation Board or Centre for Economic and Social Studies (CESS) or Information Kerala Mission or any other Central/State Institute of Science and Technology based on satellite pictures. However, while preparing Draft data bank prepared as per this sub rule, the latest data bank prepared based on the satellite pictures shall be adopted. (3) If any technical assistance is required for preparing data bank as per Rule (2) (a), Agricultural Officer or Village Officer may seek the help of District Collector for necessary assistance and the Collector shall provide necessary assistance, if so requisitioned. (3) If any technical assistance is required for preparing data bank as per Rule (2) (a), Agricultural Officer or Village Officer may seek the help of District Collector for necessary assistance and the Collector shall provide necessary assistance, if so requisitioned. (4) The committee shall send a data bank in Form-4 containing survey numbers and area of paddy lands and wetland adopted as per Clause (b) of Sub rule (2), to the Secretary of the local bodies concerned and the Secretary shall publish the same as a notification. Whereas, in the case of Panchayath/Municipality/Corporations having more than one Krishi Bhavan, each Krishi Bhavan shall prepare separate data bank and the same shall be notified together or separately in the Gazette. (4a) The secretary of Panchayath/Municipality/Corporation concerned shall display the copy of the said data bank so published in the Gazette in the notice Board and website of the office. (4b) Panchayath/Municipality/Corporation Secretary concerned shall send two copies of the said data bank to the Village Officer and Agricultural Officer concerned. (4c) Village Officer and Agricultural Officer concerned shall display one of the copies so received, on their notice boards for the knowledge of the public and one among them shall be kept secured in the office and shall be given upon any land owner's request. (4d) Any person aggrieved by the contents in the data bank so displayed may submit objections regarding that before the Revenue Divisional Officer in an application form contained in Form-5 and Revenue Divisional Officer shall give an Acknowledgement receipt for the applications thus received and the details regarding such application shall be maintained in a register. (4e) If the applications received as mentioned in sub-rule (4d) is regarding paddy lands, it shall be sent to the Agricultural Officer concerned and if it is regarding wetland, to the Village Officer for a report and as the case may be the Agricultural officer or Village Officer shall submit a report on that within one month. (4f) After the receipt of a report as per sub-rule (4e), Revenue Divisional Officer shall pass such orders in the application, as it may deem fit, after verifying the contents in the data bank by conducting inspection directly or with the help of satellite pictures prepared by Central/State Institute of Science and Technology.” 11. (4f) After the receipt of a report as per sub-rule (4e), Revenue Divisional Officer shall pass such orders in the application, as it may deem fit, after verifying the contents in the data bank by conducting inspection directly or with the help of satellite pictures prepared by Central/State Institute of Science and Technology.” 11. Therefore, on a reading of the above discussed provisions under Act, 2008 and Rules, 2008, it is clear that the Act, 2008 is intended for creation of a data bank for paddy fields suitable for paddy cultivation but uncultivated and left fallow. The rules extracted above would also make it clear that there were clear cut parameters prescribed under the Rules for the preparation of data bank by the Local Level Monitoring Committee. 12. The basic contentions advanced by the petitioner before the District Collector and before this Court is that as per Exhibit P10 data bank prepared by the Local Level Monitoring Committee, the properties belonging to K. Mohammed situated in re-survey Nos. 213/2 and 213/3 are included as properties converted 25 years prior to the preparation of data bank. It was taking into account the said aspect that a learned single Judge of this Court in an earlier round of litigation directed the District Collector to consider the issue taking into account the draft data bank prepared for the village in question. 13. In fact, in Exhibit P3 seizure mahazar, it is stated that the properties situated in re-survey Nos. 213/3, 213/4 were converted, however, the owner of the property - K. Mohammed had advanced contentions that his property is not included in Sy. No. 213/4 and it was taking into consideration the entire aspects of the matter that the learned single Judge has allowed W.P. (C) No. 27801/2014 as per a judgment dated 30th July, 2020 and quashed the order passed by the District Collector. 14. However, on a perusal of Exhibit P9 impugned order, it is clear that the District Collector has failed to consider the said issue raised, though the issue so raised is included in the facts narrated in Exhibit P9 order. 14. However, on a perusal of Exhibit P9 impugned order, it is clear that the District Collector has failed to consider the said issue raised, though the issue so raised is included in the facts narrated in Exhibit P9 order. Now, coming to section 20 of Act, 2008 where by power is conferred on the District Collector for confiscation of vessel, vehicle etc., sub-section (1) thereto specifies that after obtaining a report regarding seizure under section 12 or section 19, the District Collector may, if he thinks fit, order confiscation of the object seized and further powers are conferred in order to attain finality of the order of confiscation. Section 12 empowers the authorised officers appointed for the purpose to carry out the powers conferred thereunder. Sub-Section 12 (c) deals with seizure of any vessel, vehicle or other conveyance or any implements used or purported to be used in contravention of the provisions of the Act or seize any clay, sand, earth etc. used for filling of the paddy land or wetland or any clay, sand, earth etc. removed from the paddy land or wetland in contravention of the provisions of the Act, or any brick or tile made of all or any of them and send a report to the District Collector for initiating proceedings for their confiscation. As per section 19 of Act, 2008, authorised officers are vested with powers of entry and seizure of the vehicles which had indulged in conversion of paddy fields. 15. Therefore, on a conjoint reading of sections 12, 19 and 20 of Act, 2008, it is clear that the seizure and confiscation of the vehicle can be made by the authorised officer and the District Collector, only if the vehicles were used for conversion of a paddy land for wetlands. Which means that, the proceedings can be initiated by the authorised officer under sections 12, 19 and 20 leading to confiscation proceedings, only if a cultivable paddy land was converted using vehicle, sand, mud, gravel etc. Here is a case where the Local Level Monitoring Committee, which prepared the data bank, itself states that the property belonging to K. Mohammed situated in Sy. Nos. 213/2 and 213/3 are paddy fields converted 25 years prior to the preparation of the data bank or prior to the introduction of the Kerala Conservation of Paddy Land and Wetland Act, 2008. 16. Nos. 213/2 and 213/3 are paddy fields converted 25 years prior to the preparation of the data bank or prior to the introduction of the Kerala Conservation of Paddy Land and Wetland Act, 2008. 16. Taking into account the aforesaid legal aspects and the factual circumstances involved in the matter, I have no hesitation to hold that Exhibit P9 order passed by the District Collector suffers from the vice of arbitrariness, illegality or other legal infirmities, liable to be interfered with by this Court, exercising the power of judicial review conferred under Article 226 of the Constitution of India. 17. Needless to say, the petitioner succeeds. Accordingly, Exhibit P9 order passed by the District Collector dated 3.10.2014 with regard to the seizure of the vehicle belonging to the petitioner is herewith quashed, and the writ petition is allowed accordingly. When the writ petition was admitted to the files of this Court, an interim order was passed on 23.10.2014 directing the 6th respondent to release the vehicles belonging to the petitioner on executing a simple bond and I am informed that the said order was implemented. In view of the quashing of Exhibit P9 impugned order of the District Collector, the simple bond executed by the petitioner would stand vacated. 18. Writ Petition is allowed as above.