IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 12016 OF 2021
PETITIONER/S:
THE CHAIRMAN,
THYKKATTU DEVASWOM TRUST, VENNALA P.O., KOCHI-
682028, REPRESENTED BY TGN KUMAR.
BY ADVS.
M.R.NANDAKUMAR
MAYIKA SUNDAR
P.S.BIJU
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, THE DEPARTMENT OF
REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION ROAD, KAKKANAD,
KERALA-682030.
3 THE VILLAGE OFFICER,
EDAPPALLY SOUTH VILLAGE, EDAPPALLY, ERNAKULAM-
682025.
4 THE KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE,
REPRESENTED BY ITS DIRECTOR, 1ST FLOOR, VIKAS
BHAVAN, NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY OF
KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM-695033.
5 THE PRINCIPAL AGRICULTURAL OFFICER,
OFFICE F THE PRINCIPAL AGRICULTURAL OFFICER,
CIVIL STATION, KAKKANAD-682030.
6 CORPORATION OF KOCHI,
REPRESENTED BY ITS SECRETARY, PARK AVENUE ROAD,
MARINE DRIVE, KOCHI-682011.
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W.P.(C). No. 12016 of 2021
7 THE ASSISTANT ENGINEER,
ELECTRICAL SECTION, KERALA STATE ELECTRICITY
BOARD LIMITED, VENNALA-PALACHUVADU ROAD,
VENNALA, ERNAKUALM-682028.
8 THE STATION HOUSE OFFICER,
JANAMYTHRI POLICE STATION, PALARIVATTOM, CIVIL
LINE ROAD, PALARIVATTOM, ERNAKULAM, KERALA-
682025.
9 K.T. ANTONY,
KOTTIYATH HOUSE, VENNALA P.O., KOCHI-682028.
10 JESSY ALEXANDER,
NETTAYIKODATH HOUSE, CHAKKARAPARAMBU, THAMMANAM
P.O., KOCHI-682032.
11 NARAYANAN,
KUZHAI PARAMBIL HOUSE, PIPELIN ROAD,
PALARIVATTOM P.O., KOCHI-682025.
BY ADVS.
SHRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL
CORPORATION
K.RAJESH KANNAN
OTHER PRESENT:
SRI.VISHNU.S FOR R4,
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 12016 of 2021
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.12016 of 2021
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Dated this the 8th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers: "i) Issue a writ in the nature of mandamus or any other writ, order or direction directing the 2nd and 5th respondents to initiate action for restoring the paddy land comprised in Sy. No: 50/14 and 102/11 situated in Vennala Kara, Edappally South Village, Kanayannur Taluk, Ernakulam District, after conducting remote sensing and preparation of satellite data information and report by the 4th respondent.
ii) Issue a writ in the nature of mandamus or any other writ, order or direction forbearing the 6th respondent from renewing the application for renewal of licence in shop rooms situated in Sy. No: 50/14 and 102/11 situated in Vennala Kara, Edappally South Village, Kanayannur Taluk, Ernakulam District
iii) Issue a writ in the nature of mandamus or any other writ, order or direction directing the 7th respondent to disconnect the electricity connection granted to the rooms situated in Sy. No: 50/14 and 102/11 situated in Vennala Kara. Edappally South Village, Kanayannur Taluk, Ernakulam District.
-4-W.P.(C). No. 12016 of 2021
iv) Pass such further orders as this Hon'ble court may be pleased to grant on the facts and circumstances of the case."
2. The petitioner is the Chairman of Devaswom Trust. It is the case of the petitioner that respondents 9 to 11 are owners of paddy land, which is converted by filling of soil in violation of the statutory provisions. It is also stated that they have let out the buildings constructed illegally in the said land to persons who are doing business in fruits, vegetables, fish and meat. When the sale of meat and fish cause severe nuisance, writ petitions were preferred, which culminated Ext.P1 judgment of this Court directing to close down the business in the shop before consideration of application for renewal of licence by the Corporation of Kochi. Since the business is being conducted in the land which has been converted in violation of Kerala Conservation of Paddy Land and Wetland Act, 2008 and the rules framed thereunder, the petitioner approached the District Collector, who is the statutory authority -5- W.P.(C). No. 12016 of 2021 to initiate action for restoration of paddy land. Since, there is no action, this writ petition is filed.
3. Heard the counsel for the petitioner, the learned Government Pleader, the learned Standing Counsel appearing for the 6th respondent Corporation, the counsel appearing for respondents 9 to 11 and also the Standing Counsel appearing for the 7th respondent.
4. The counsel for the petitioner reiterated his contentions in the writ petition. On the other hand, the counsel for the contesting respondents submitted that as per Ext.R9(c), it is written as converted land. Therefore, the contention of the petitioner is not correct. It is also stated by the contesting respondents that two writ petitions are filed before this Court as WP(C) No. 3200 of 2022 and 29676 of 2021 for consideration of applications in Form 5 and Form-6 under the Kerala Conservation of Paddy Land and Wetland Act. It is also -6- W.P.(C). No. 12016 of 2021 submitted that there is a direction to consider those applications by this Court. Now all the matters are pending before the Revenue Divisional Officer.
5. This Court considered the contentions of the petitioner and the respondents. The grievance of the petitioner is narrated in Ext.P2. Ext.P2 is submitted before the 2 nd respondent. I think there can be a direction to the 2 nd respondent to consider Ext.P2 after giving notice to the petitioner and other contesting respondents within a time frame. The 2nd respondent will get a report from the Revenue Divisional Officer also, before passing final orders in it.
Therefore, this writ petition is disposed of in the following manner:
1. The 2nd respondent is directed to consider Ext.P2 and take appropriate steps in accordance to law, after -7- W.P.(C). No. 12016 of 2021 giving an opportunity of hearing to the petitioner and respondents 9 to 11.
2. Before taking a decision, the 2nd respondent or any authorised officer will inspect the property in dispute.
3. The 2nd respondent will also call for a report from the Revenue Divisional Officer, Fortkochi, before proceeding further about the nature of the property and the Revenue Divisional Officer is free to pass appropriate orders, in accordance to the Kerala Conservation of Paddy Land and Wetland Act and Rules.
4. The above exercise should be completed by the 2nd respondent, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.
sd/-
P.V.KUNHIKRISHNAN JUDGE das -8- W.P.(C). No. 12016 of 2021 APPENDIX OF WP(C) 12016/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN WA NO.736/2021 DATED 27/05/2021.
Exhibit P2 TRUE COPY OF THE PETITION PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 28/05/2021.
Exhibit P3 TRUE COPY OF THE PICTURES TAKEN BY THE MOBILE PHONE AND DOWNLOADED.
RESPONDENT'S EXHIBITS EXT.R9(A) TRUE COPY OF THE SALE DEED NO.1056/1/1997 DATED 13.3.1997 EXT.R9(B) TRUE COPY OF THE TAX RECEIPT DATED 21.8.2017 ISSUED TO THE 9TH RESPONDENT FROM EDAPPALLY VILLAGE OFFICE EXT.R9(C) TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK ENTRY WITH RESPECT TO MAY PROPERTY EXT.R9(D) TRUE COPY OF THE FORM NO.5 AS PROVIDED IN RULE F(D) SUBMITTED BY ME BEFORE THE REVENUE DIVISIONAL OFFICER, KOCHI DATED 16.09.2021.