Kerala High Court
Quilon Educational Trust vs Paristhithi Samrakshana Ekopana ... on 21 December, 2022
W. A. No. 1564 of 2015
& connected cases
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA,
1944
WA NO. 1564 OF 2015
AGAINST THE JUDGMENT WPC 5421/2011 OF HIGH COURT OF KERALA
APPELLANT/S:
QUILON EDUCATIONAL TRUST
REPRESENTED BY ITS CHAIRMAN, NOWFAL @ MOHAMMED
NOWFAL, PATTATHIL, AYATHIL PO, KOLLAM-691 017.
BY ADVS.
SRI.T.M.CHANDRAN
SRI.JOSHY JACOB
SRI.S.SUJITH
SRI.V.A.SASIDHARAN
RESPONDENT/S:
1 PARISTHITHI SAMRAKSHANA EKOPANA SAMITHI
REPRESENTED BY THE CONVENER, ODANAVATTOM VIJAYA
PRAKASH, PARISTHITHI-, SAMRAKSHANA EKOPANA
SAMITHI, KOLLAM-691 512.
2 M.R.OMANA KUNJAMMA
MELLAKKAL VEEDU, PLAKKADU, ADHICHANALLOOR P.O.,,
KOLLAM-691 573.
3 UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF MINISTRY OF ENVIRONMENTAL FOREST,
NEW DELHI-110 001.
4 STATE OF KERALA REPRESENTED BY
SECRETARY TO GOVERNMENT, DEPARTMENT OF, FOREST,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
5 KERALA STATE BIO-DIVERSITY BOARD
REPRESENTED BY CHAIRMAN, KERALA STATE BIO-
DIVERSITY BOARD, THIRUVANANTHAPURAM-695 001.
6 KERALA STATE COASTAL ZONE MANAGEMENT
AUTHORITY, REPRESENTED BY THE CHAIRMAN, KERALA
STATE COASTAL ZONE MANAGEMENT AUTHORITY, PATTOM,
THIRUVANANTHAPURAM-695-004.
W. A. No. 1564 of 2015
& connected cases
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7 THE DISTRICT COLLECTOR
KOLLAM-691 001.
8 THE REVENUE DIVISIONAL OFFICER
KOLLAM-691 001.
9 THE VILLAGE OFFICER ADICHANALLOOR
P.O.ADICHANALLOOR, KOLLAM DISTIRCT-691 573.
10 ADICHANALLOOR GRAMA PANCHAYAT
REPRESENTED BY THE SECRETARY, ADICHANALLOOR,
GRAMA PANCHAYAT, ADICHANALLOOR P.O.,, KOLLAM
DISTRICT-691 573.
11 SUB INSPECTOR OF POLICE
CHATHANNUR-691 572.
12 CIRCLE INSPECTOR OF POLICE
CHATHANNUR-691 572.
13 SUPERINTENDENT OF POLICE
KOLLAM-691 001
14 CHIEF TOWN PLANNER
THIRUVANANTHAPURAM-695 001.
15 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, ADHICHANELLOR, KOLLAM DISTRICT-691
573.
BY ADVS SRI.KALEESWARAM RAJ
APARNA MENON
M. P. PRAKASH
K. P. HARISH, SR. GP.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
21.12.2022, ALONG WITH WA.1576/2015, 1742/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. A. No. 1564 of 2015
& connected cases
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA,
1944
WA NO. 1576 OF 2015
AGAINST THE JUDGMENT WPC 22890/2011 OF HIGH COURT OF KERALA
APPELLANT/S:
1 QUILON EDUCATIONAL TRUST
REPRESENTED BY ITS CHAIRMAN, NOUFAL, PATTATHIL,
AYATHIL P.O., KOLLAM.
2 NOUFAL
S/O. ABDUL SALAM, PATTATHIL, AYATHIL P.O.,
KOLLAM.
BY ADVS.
SRI.T.M.CHANDRAN
SRI.JOSEPH ALBIN NEDUNTHALLY
SRI.S.SUJITH
SRI.V.A.SASIDHARAN
RESPONDENT/S:
1 THE SUB DIVISIONAL MAGISTRATE
KOLLAM-691001.
2 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, ADICHANALLOR, KOLLAM-691573.
3 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY CHAIRMAN AND PRESIDENT OF THE
ADICHANALLOOR GRAMA PANCHAYAT, ADICHANALLOOR,
KOLLAM-691573.
4 DISTRICT LEVEL AUTHORIZED COMMITTEE
REPRESENTED BY REVENUE DIVISIONAL OFFICER,
KOLLAM-691001.
5 THE ADICHANALLOOR GRAMA PANCHAYAT
REPRESENTED BY SECRETARY, ADICHANALLOOR, KOLLAM-
691573.
W. A. No. 1564 of 2015
& connected cases
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6 THE VILLAGE OFFICER
ADICHANALLOOR, KOLLAM-691573.
7 THE DISTRICT TOWN PLANNER
KOLLAM-691573,
8 TAHSILDAR
TALUK OFFICE, KOLLAM-691001.
9 ODANAVATTOM VIJAYAPRAKASH
SANTHA VILASAM, ODANAVATTOM P.O., KOLLAM-691573.
BY ADVS.
SRI. K. P. HARISH, SR. GP.
APARNA MENON
SRI.M.V.THAMBAN
SRI.R.REJI
SMT.THARA THAMBAN
SRI.ARUN BOSE
SRI.B.BIPIN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
21.12.2022, ALONG WITH WA.1564/2015 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. A. No. 1564 of 2015
& connected cases
-5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA,
1944
WA NO. 1742 OF 2015
AGAINST THE JUDGMENT WPC 5421/2011 OF HIGH COURT OF KERALA
APPELLANT/S:
1 PARISTHITHI SAMRAKSHANA EKOPANA SAMITHI
REPRESENTED BY THE CONVENER, ODANAVATTOM VIJAYA
PRAKASH, PARISTHITHI-, SAMRAKSHANA EKOPANA
SAMITHI, KOLLAM-691 512.
2 M.R.OMANA KUNJAMMA
MELLAKKAL VEEDU, PLAKKADU, ADHICHANALLOOR P.O.,,
KOLLAM-691 573
BY ADV SRI.KALEESWARAM RAJ
APARNA MENON
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF MINISTRY OF ENVIRONMENTAL FOREST,
NEW DELHI-110 001.
2 STATE OF KERALA REPRESENTED BY
SECRETARY TO GOVERNMENT, DEPARTMENT OF, FOREST,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 KERALA STATE BIO-DIVERSITY BOARD
REPRESENTED BY CHAIRMAN, KERALA STATE, BIO-
DIVERSITY BOARD, THIRUVANANTHAPURAM-695 001
4 KERALA STATE COASTAL ZONE MANAGEMENT
AUTHORITY, REPRESENTED BY THE CHAIRMAN,, KERALA
STATE COASTAL ZONE MANAGEMENT AUTHORITY, PATTOM,
THIRUVANANTHAPURAM-695-004.
5 THE DISTRICT COLLECTOR
KOLLAM-691 001.
W. A. No. 1564 of 2015
& connected cases
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6 THE REVENUE DIVISIONAL OFFICER
KOLLAM-691 001.
7 QUILON EDUCATIONAL TRUST
REPRESENTED BY ITS CHAIRMAN, SRI.NOWFAL @
MOHAMMED NOWFAL,, PATTATHIL, AYATHIL P.O.,
KOLLAM-691 017.
8 THE VILLAGE OFFICER ADICHANALLOOR
P.O.ADICHANALLOOR, KOLLAM DISTIRCT-691 573.
9 ADICHANALLOOR GRAMA PANCHAYAT
REPRESENTED BY THE SECRETARY, ADICHANALLOOR,
GRAMA PANCHAYAT, ADICHANALLOOR P.O.,, KOLLAM
DISTRICT-691 573.
10 SUB INSPECTOR OF POLICE
CHATHANNUR-691 572.
11 CIRCLE INSPECTOR OF POLICE
CHATHANNUR-691 572.
12 SUPERINTENDENT OF POLICE
KOLLAM-691 001.
13 CHIEF TOWN PLANER
THIRUVANANTHAPURAM-695 001
14 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, ADHICHANELLOR,, KOLLAM DISTRICT-
691 573.
BY ADVS.
SRI.M.P.PRAKASH, SC, KCZMA
K. P. HARISH, SR. GP.
T. M. CHANDRAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
21.12.2022, ALONG WITH WA.1564/2015 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. A. No. 1564 of 2015
& connected cases
-7-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA,
1944
WA NO. 1909 OF 2015
AGAINST THE JUDGMENT WPC 22890/2011 OF HIGH COURT OF KERALA
APPELLANT/S:
ODANAVATTOM VIJAYA PRAKASH
SANTHA VILASAM, ODANAVATTOM P.O., KOLLAM-691 512.
BY ADV SRI.KALEESWARAM RAJ
APARNA MENON
RESPONDENT/S:
1 QUILON EDUCATIONAL TRUST
REPRESENTED BY ITS CHAIRMAN, SRI.NOWFAL,
PATTATHIL,AYATHIL P.O., KOLLAM-691 017.
2 NOUFAL
S/O. ABDUL SALAM, PATTATHIL, AYATHIL POST,
KOLLAM-691 017.
3 THE SUB DIVISIONAL MAGISTRATE
KOLLAM.
4 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, ADHICHANELLOR, KOLLAM-691 573.
5 LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY CHAIRMAN AND PRESIDENT OF THE
ADICHANALLOOR GRAMA PANCHAYAT, ADICHANALLOOR,
KOLLAM-691 573.
6 DISTRICT LEVEL AUTHORISED COMMITTEE
REPRESENTED BY REVENUE DIVISIONAL OFFICER,
KOLLAM.
7 ADHICHANALLOOR GRAMA PANCHAYAT
REPRESENTED BY THE SECRETARY, ADHICHANALLOOR
GRAMA PANCHAYAT, ADHICHANALLOOR P.O.,KOLLAM-691
573.
W. A. No. 1564 of 2015
& connected cases
-8-
8 THE VILLAGE OFFICER
ADICHANALLOOR P.O., ADICHANALLOOR, KOLLAM-691
573.
9 THE TOWN PLANNER
ADICHANALLOOR, KOLLAM-691 573.
10 THE TAHSILDAR
TALUK OFFICE, KOLLAM.
BY ADVS.
SRI.T.M.CHANDRAN
SRI.S.SUJITH
K. P. HARISH, SR. GP.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
21.12.2022, ALONG WITH WA.1564/2015 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. A. No. 1564 of 2015
& connected cases
-9-
JUDGMENT
[W. A. Nos. 1564, 1576, 1742 & 1909 of 2015]
Shaji P. Chaly, J.
The captioned writ appeals arise out of a common judgment of
the learned Single Judge in W. P. (C) Nos. 5421and 22890 of 2011,
and 16706 of 2014.
2. Quilon Educational Trust, the appellant in W. A. Nos. 1564
and 1576 of 2015, is the petitioner in W. P. (C) No. 22890 of 2011,
and the other writ petitions are filed by the Paristhithi Samrakshana
Ekopana Samithi, which is the appellant in W. A. No. 1742 of 2015.
W. A. No. 1909 of 2015 is filed by the 9 th respondent in W. P. (C) No.
22890 of 2011. In the writ petitions filed by the Paristhithi
Samrakshana Ekopana Samithi and another, they are seeking to quash
Exts. P8 and P9 building permits dated 07.02.2011 issued by the
Adichanalloor Grama Panchayat, and Ext. P14 certificate issued by the
Local Level Monitoring Committee represented by the Agricultural
Officer, Krishi Bhavan, Kollam dated 30.12.2010, showing the status
of several properties belonging to the Quilon Educational Trust,
W. A. No. 1564 of 2015
& connected cases
Vadakkevila Village, Kollam District, and for other related reliefs.
3. The basic contention advanced by the Paristhithi Samrakshana
Ekopana Samithi is that the properties to which building permit is
granted by the Secretary of the Adichanalloor Grama Panchayat are
paddy fields, and therefore, construction is prohibited as per Section 14
of the Kerala Conservation of Paddy Land and Wetland Act, 2008;
though the Quilon Educational Trust, the appellant in the two appeals
specified above, has contended that the Secretary of the Grama
Panchayat grants the permit, after taking into account the condition of
the land and the purpose for which the land is required to be utilized,
to establish an Engineering College. In fact, in the writ petitions filed
by the Paristhithi Samrakshana Ekopana Samithi, issues with respect to
notification issued by the coastal Zone Management Authority were
also raised.
4. Learned Single Judge, after considering the rival submissions,
has rendered the impugned common judgment dated 20.05.2015, as
follows:-
"10. For convenience of discussion, the petitioners in WP(C)
No.22890/2011 can be referred to as, "the Trust". The petitioners
W. A. No. 1564 of 2015
& connected cases
in the other writ petitions can be referred to as, "the local
residents".
11. The Trust is intending to start an engineering college; and
for that purpose, they started the construction of certain buildings
in the property owned by them. The local residents opposed the
construction on the ground that majority of the land, on which the
construction is made, is paddy field; and the construction was in
violation of the provisions of the Kerala Paddy Land and Wet
Land Act as well as the Coastal Zone Regulations. It appears
from the pleadings that the local authority has granted
permission. This, according to the local residents, is incompetent,
because, an act, which would not have been permitted as per the
provisions of the Kerala Paddy Land and Wet Land Act as well
as the Coastal Zone Regulations, has been granted by the local
authority. The Sub Divisional Magistrate, Kollam, as per Ext.P9
order produced in WP(C) No.22890/2011, stopped the further
construction. However, this was subject to the approval of the
project by the State Level Monitoring Committee and clearance
from the Kerala State Coastal Zone Management Authority.
Therefore, it is open to the Trust to bring their contentions before
the State Level Monitoring Committee through a proper petition.
12. It can be seen from Ext.P6 in WP(C) No.16706/2014 that
the Kerala State Coastal Zone Management Authority has
granted clearance to the project. This is put to challenge by the
local residents on the ground that the said order was passed in
their absence. However, it can be seen that as per Ext.P6 order
produced in that case, the Kerala Coastal Zone Management
W. A. No. 1564 of 2015
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Authority has forwarded the matter to the National Coastal Zone
Management Authority, which is the 4th respondent in WP(C)
No.16706/2014. As the grievance of the local residents against
Ext.P6 in the aforesaid writ petition is that they were not afforded
an opportunity of being heard before the impugned order was
passed, the said grievance can be redressed by directing the
National Coastal Zone Management Authority to take a final
decision in the matter after affording the local residents and the
Trust an opportunity of being heard in the matter.
Therefore, the writ petitions are disposed of as under;
The Trust [the petitioners in WP(C) No.22890/2011]
shall approach the
Search Results Kerala State Level Monitoring
Committee with a proper petition bringing the local
residents, who are the petitioners in other writ petitions,
in the party array for clearance for the project. The
petition to this effect shall be filed within a period of
one month from today along with copies of the aforesaid
writ petition and this judgment.
In the event of filing such a petition by the Trust, the
Kerala State Level Monitoring Committee, on the
strength of this judgment, shall afford the Trust [the
petitioners in WP(C) No.22890/2011] and the local
residents [the petitioners in WP(C) Nos.5421/2011 &
16706/2014] an opportunity of being heard and shall
take a final decision in the matter.
W. A. No. 1564 of 2015
& connected cases
The National Coastal Zone Management Authority [the
4th respondent in WP(C) No.16706/2014] is directed to
hear the Trust [the petitioners in WP(C)
No.22890/2011] as well as the local residents [the
petitioners in WP(C) Nos.5421/2011 & 16706/2014]
before granting clearance to the project as recommended
in Ext.P6 in WP(C) No.16706/2014 by the Kerala State
Coastal Zone Management Authority. A final decision
in the matter shall be taken within a period of three
months from the date of receipt of a copy of this
judgment before the Coastal Zone Management
Authority."
5. It is thus challenging the legality and correctness of the
judgment of the learned Single Judge, instant writ appeals are filed.
6. When the appeals were posted before a Hon'ble Division
Bench of this Court, on 16.08.2019, the following order was passed:-
These matters relate to the proposed engineering college
of the Quilon Educational Trust within the local limits of the
Revenue Divisional Officer, Adichanelloor Village, in Kollam
District. The local residents and environmental protection group
in Kollam have contended that the site of the project is included
in the data bank and therefore, the same cannot be used for
construction, in breach of the provisions of the Kerala
Conservation of Paddy and Wetland Act, 2008 (2008 Act' for
W. A. No. 1564 of 2015
& connected cases
short). Violation of the Coastal Zone Regulation is also alleged,
in the proceeding.
2. The Trust however contend that the area is converted
paddy land Considering the nature of the factual dispute, we
deem it appropriate to direct the Quilon Educational Trust to
approach the Agricultural Officer, Adichanelloor Village in
Kollam District, with an application for obtaining the satellite
image for the project area, from the Kerala State Remote Sensing
and Environment Centre (KSREC). On receiving the instructions
from the Agricultural Officer, the Trust shall remit the necessary
fee payable to the KSREC, for obtaining the satellite image. The
Agricultural Officer shall thereupon forward the application
together with the fees to the KSREC for obtaining the satellite
image reports from the said agency. The KSREC shall ensure
that the satellite image report pertaining to the project area are
made available to the Agricultural Officer within a month from
the date of receipt of the application from the Agricultural
Officer. Thereafter the Local Level Monitoring Committee
(LLMC) of which the Agricultural Officer is the Convenor, shall
submit a report before this Court based on the KSREC report,
stating clearly as to whether or not the land belonging to the
Trust and on which the construction is proposed, was paddy land
or wetland as on the date of coming into force of the 2008 Act."
7. In compliance with the directions issued, a report is submitted
by the Kerala State Remote Sensing and Environment Centre
(KSREC), the State nodal agency for remote sensing applications
W. A. No. 1564 of 2015
& connected cases
under the Department of Planning and Economic Affairs, on the basis
of a request from the Agricultural Officer, Adichanalloor dated
16.09.2019; which is produced along with a statement dated
16.08.2019 filed by the Agricultural Officer, Adichanalloor, Kollam,
from where the land use pattern is clearly discernible; relevant portion
of which reads as follows:
"3. In compliance with the aforesaid direction of this
Hon'ble Court, field inspection was conducted and the matter
was considered by the LLMC meeting held on 20.1.2010.
Wherein, it was concluded that;
a) The survey numbers under Block 29 such as 94/23,
94/22, 94/20/2, 94/12, 94/14, 94/13, 94/21, 94/19, 95/9-2,
95/8, 95/6-2, 95/13, 95/12, 95/14, 95/5, 95/10, 95/25, 95/26,
95/27, 95/5-4, 95/12, 95/13, 97/15-1, 97/6, 97/7, 97/4,
97/15-2, 97/15-3, 97/16, 97/11 and 97/5 are classified as
Dry Lands under village records and are not included in the
published data back of the Adichanalloor Grama
Panchayath.
b) The Survey numbers 94/8 and 92/4 are dry lands as per
village records but are seen to be included in the data bank.
The LLMC decided to exclude these survey numbers from
the data bank as they are erroneously included and
necessary corrections would be carried out in the published
data back in due course.
W. A. No. 1564 of 2015
& connected cases
c) It was evident from the KSREC reports and field visits
that the survey numbers 94/7, 94/3 and 94/4/3 and were
converted before 2008 and the LLMC decided to exclude
these survey numbers from the existing data bank.
d) It was decided by the LLMC to retain the survey numbers
97/3, 92/2, 92/6 ,91/7, 95/22, 97/8, 90/12, 90/5, 90/2, 90/15,
90/11-2, 90/9, 90/14-2, 90/14, 90/10, 90/13, 90/12-2, 90/3,
90/6, 90/11, 90/7 and 98/7 in the present data bank as they
are seen to be water logged and low lying areas with
environmental importance.
e) The survey number 97/19 has no mention in the revenue
records and hence the LLMC could not make any decisions
in this regard.
4. Further, as directed by order dated 16.08.2019 report
from the KSREC has obtained;
a) Landuse/ cover change detection report and maps of the
survey plots 94/3, 94/4, 94/7, 94/8, 94/12, 94/13 and 94/14
in Adichanalloor Village, Kollam Taluk is produced
herewith and marked as Annexure R2(a).
b) Landuse/cover change detection report and maps of the
survey plots 92/2, 92/4 and 92/6 14 in Adichanalloor
Village, Kollam Taluk is produced herewith and marked as
Annexure R2(b).
c) Landuse/cover change detection report and maps of the
survey plots 91/7 in Adichanalloor Village, Kollam Taluk is
W. A. No. 1564 of 2015
& connected cases
produced herewith and marked as Annexure R2(c).
d) Landuse/cover change detection report and maps of the
survey plots 95/25 in Adichanalloor Village, Kollam Taluk
is produced herewith and marked as Annexure R2(d).
e) Landuse/cover change detection report and maps of the
survey plots 98/7 in Adichanalloor Village, Kollam Taluk is
produced herewith and marked as Annexure R2(e).
f) Landuse/cover change detection report and maps of the
survey plots 95/5, 95/8, 95/9, 95/10, 95/12, 95/13, 95/14 and
95/22 in Adichanalloor Village, Kollam Taluk is produced
herewith and marked as Annexure R2(f).
g) Landuse/cover change detection report and maps of the
survey plots 97/3, 97/4, 97/6, 97/7, 97/8, 97/11, 97/15,
97/16 and 97/19 in Adichanalloor Village, Kollam Taluk is
produced herewith and marked as Annexure R2(g).
h) Landuse/cover change detection report and maps of the
survey plots 90/2, 90/3, 90/5, 90/6, 90/7, 90/9, 90/10, 90/11,
90/12, 90/13, 90/14 and 90/15 in Adichanalloor Village,
Kollam Taluk is produced herewith and marked as
Annexure R2(h)."
8. On an analysis of the said statement and the report, it is clear
that some of the properties are remaining as paddy fields; some are dry
lands, and some are dry lands wrongly included in the data bank. It is
W. A. No. 1564 of 2015
& connected cases
also evident that suo moto action is being initiated to remove certain
lands wrongly included in the data bank. In fact, if the properties are
included in the data bank prepared by the Local Level Monitoring
Committee as per the provisions of the Kerala Conservation of Paddy
Land and Wetland Act, 2008, necessary application/applications would
have to be filed for removal of the property from the data bank.
9. With effect from 30.12.2017, as per the proviso to Section
5(4) of Act 2008, the Revenue Divisional Officer concerned is the
authority to consider applications for removal of the property from the
data bank. However, till 30.12.2017, in order to use a paddy field for
other purposes other than agricultural activities and paddy cultivation,
the authority under the Kerala Land Utilization Order, 1967, alone had
the power to grant permission. But consequent to the introduction of
Section 27A on and with effect from 30.12.2017, if a property is not
included in the data bank as per the provisions of Act 2008, it remains
as an unnotified land, and the authority constituted thereunder alone is
vested with powers to grant permission for utilization of the property
for other purposes, other than paddy cultivation.
10. It is evident from the report of the remote sensing agency and
W. A. No. 1564 of 2015
& connected cases
the statement of the Agricultural Officer that some of the properties are
dry lands, some of the properties are paddy lands included in the data
bank, and some of the properties are not included in the data bank, but
remaining in the village / revenue records as paddy field. Therefore, if
the properties are included in the data bank as paddy field, and those
properties which are not included in the data bank, but remaining in
the village / revenue records as paddy field, can only be utilized for
other purposes other than paddy cultivation and agricultural operations
after securing necessary permission from the statutory authorities
under the Act 2008.
11. In fact, Section 14 of Act 2008 creates a clear prohibition,
precluding the local body from granting any license or permit under
the Kerala Municipality Act, 1994, and the Kerala Panchayat Raj Act,
1994, for carrying out any activity or construction in a paddy land or a
wetland, or an unnotified land, nature of which has been changed in
contravention of the provisions of the Act; converted or reclaimed in
contravention of the provisions of the Act.
12. Therefore, so far as the dry lands are concerned, the
Secretary of the local body was at liberty to grant permit, however, the
W. A. No. 1564 of 2015
& connected cases
properties which are included in the data bank and the properties
which are remaining in the village / revenue records as paddy field,
could not have been granted with permission for construction of any
buildings other than as provided under the Act 2008.
13. Therefore, after having heard learned counsel for the
appellants Sri. T. M. Chandran and Smt. Aparna Menon, learned
Senior Government Pleader Sri. K. P. Harish, and learned Standing
Counsel for the Kerala State Coastal Zone Management Authority Sri.
M. P. Prakash, and perusing the pleadings and material on record, we
are of the view that the writ appeals can be disposed of with
appropriate directions.
14. The Quilon Educational Trust and its officials are given the
liberty to approach the statutory authority, in terms of the provisions of
Act 2008, and seek removal of the property from the data bank; and for
permission for utilization of the unnotified paddy field for other
purposes, other than paddy cultivation and agricultural operations. If
any such applications are filed, the same shall be considered by the
authorities under the Act 2008, in accordance with law, at the earliest
possible time.
W. A. No. 1564 of 2015
& connected cases
15. Learned Standing Counsel for the Kerala Coastal Zone
Management Authority Sri. M. P. Prakash, submitted that already a
certificate is issued by the Coastal Zone Management Authority in
favour of the Quilon Educational Trust.
If enabling orders are produced by the Quilon Educational Trust
and its officials, from the statutory authority as said above, along with
any application for building permits, the same shall be considered by
the Secretary of the Adichanalloor Grama Panchayat, at the earliest, in
accordance with the law.
Writ appeals are disposed of as above.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
///TRUE COPY///
P. A. TO JUDGE
