IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
WP(C) NO. 15645 OF 2021
PETITIONER:
SUKUMARAN,AGED 54 YEARS,S/O SANKARAN EZHUTHACHAN,
KODAVANPADATH HOUSE, PUNCHAPADAM, KUMBALAKKODE.P.O,
PAZHAYANNUR, THRISSUR DISTRICT.
BY ADVS.
V.M.KRISHNAKUMAR
P.S.SIDHARTHAN
MAYA M.
P.R.REENA
RESPONDENTS:
1 STATE OF KERALA,REPRESENTED BY SECRETARY,DEPARTMENT OF
REVENUE,SECRETARIAT,THIRUVANANTHAPURAM,PIN-695001.
2 AGRICULTURAL PRODUCTION COMMISSIONER/ PRINCIPAL
SECRETARY,
AGRICULTURAL DEPARTMENT, THIRUVANANTHAPURAM,PIN-695001.
3 LOCAL LEVEL MONITORING COMMITTEE, RERPESENTED BY ITS
CONVENOR, AGRICULTURAL OFFICER, KRISHI BHAVAN,
PAZHAYANNUR, THRISSUR, PIN-680587.
4 THE VILLAGE OFFICER,VILLAGE OFFICE,PAZHAYANNUR,
THRISSUR DISTRICT,PIN-680587.
5 ADDL.R5 DISTRICT COLLECTOR, THRISSUR (SUO MOTU
IMPLEADED AS PER ORDER DATED 04.08.2021 IN WP(C)
15645/2021)
GP SRI.P.S.APPU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15645 OF 2021
2
JUDGMENT
Alleging that activities are carried on in violation of the provisions of the Kerala Conservation of Paddyland and Wetland Act, 2008(for short, 'the Act'), respondents 3 and 4 issued Exts P4 and P5 stop memos. It is aggrieved thereby that the petitioner has approached this Court.
2. According to the petitioner, the work that was being carried on by him in the property is, erecting a small threshing yard where the paddy harvested can be brought and dried, in order to store it without it being damaged. It is only to utilize the harvested paddy in the most beneficial manner. There is no violation of any provisions of the Act, contends the petitioner.
3. The nature of the work done, whether it is purely auxiliary to the main purpose of paddy cultivation and where there has been violation of the provisions of the Act, are all matters to be WP(C) NO. 15645 OF 2021 3 considered by the additional 5 th respondent, the authority constituted in terms of Section 13 of the Act.
4. The Additional 5th respondent shall obtain reports from respondents 3 and 4 and pass appropriate orders, after hearing the petitioner, within three weeks from the date of receipt of a copy of this judgment.
Writ Petition is disposed of as above.
Sd/-
SATHISH NINAN JUDGE vdv WP(C) NO. 15645 OF 2021 4 APPENDIX OF WP(C) 15645/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE PETITIONER'S PROPERTY DATED 3O/07/2021, THANDAPER NO.13082. Exhibit P1(A) TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE PETITIONER'S PROPERTY DATED 30/07/2021,THANDAPER NO.13082. Exhibit P2 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE LOCAL LEVEL MONITORING COMMITTEE DATED 18.02.2021 Exhibit P3 TRUE COPY OF PETITIONER'S MRI SCAN REPORT DATED 23.10.2018 Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE BY THE VILLAGE OFFICER DATED 13.04.2021.
Exhibit P5 TRUE COPY OF THE NOTICE ISSUED BY THE BY THE AGRICULTURAL OFFICER DATED 20.07.2021.