Kerala High Court
The Chairman vs State Of Kerala on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
WP(C) NO. 35941 OF 2022
PETITIONER:
THE CHAIRMAN
THYKKATTU DEVASWOM TRUST,
VENNALA P.O, KOCHI-682 028 REP. BY TGN KUMAR
BY ADVS.
AMEER SALIM
PRAVINATH A.P.
CHITHRA MOL R.
CHRISTABEL D AVRAVU
NIKHIL CHANDRAN T.
ARAVIND J.
ANSIA K.A.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
THE DEPARTMENT OF REVENUE GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION ROAD,
KAKKANAD, KERALA- 682 030
3 THE VILLAGE OFFICER,
EDAPALLY SOUTH VILLAGE,
EDAPALLY, ERNAKULAM - 682 025
4 THE KERALA STATE REMOTE SENSING AND ENVIRONMENT
CENTRE, REP. BY ITS DIRECTOR, 1ST FLOOR, VIKAS
BHAVAN, NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY OF
KERALA SENATE HOUSE CAMPUS, PMG,
THIRUVANANTHAPURAM - 695 033.
5 THE PRINCIPAL AGRICULTURAL OFFICER,
OFFICE OF THE PRINCIPAL AGRICULTURAL OFFICER CIVIL
STATION, KAKKANAD- 682030
WP(C) No.35941 of 2022
2
6 CORPORATION OF KOCHI,
REPRESENTED BY ITS SECRETARY,
PARK AVENUE ROAD, MARINE DRIVE,
KOCHI - 682 011
7 THE STATION HOUSE OFFICER,
PALARIVATTOM POLICE STATION,
CIVIL LINE ROAD, PALARIVATTOM,
ERNAKULAM, KERALA -682 025
8 K.T. ANTONY,
KOTTIYATH HOUSE, VENNALA P.O.,
KOCHI - 62 028
9 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
FIRST FLOOR, K B JACOB ROAD,
FORT KOCHI - 682 001
10 LOCAL LEVEL MONITORING COMMITTEE (LLMC)
REPRESENTED BY ITS CONVENER,
AGRICULTURAL OFFICER, VYTTILA P.O.,
KOCHI - 682 019
11 THE SECRETARY
DEPARTMENT OF AGRICULTURE DEVELOPMENT AND
FARMER'S WELFARE, VIKAS BHAVAN
THIRUVANANTHAPURAM-695033
*IS IMPLEADED AS THE ADDITIONAL 11TH RESPONDENT
AS PER ORDER DATED 22.12.2022 IN I.A NO.2/2022
SRI.C.N.PRABHAKARAN -R6
SMT.VIDYA KURIAKOSE GP
SRI.VISHNU S SC, R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.35941 of 2022
3
JUDGMENT
Dated this the 22nd day of December, 2022
The petitioner, who is the Chairman of a Devaswom
Trust has filed this writ petition seeking to quash Ext.P2 to the
extent it exempts 6.49 Ares of land comprised in Survey
No.50/14 situated in Vennala Kara, Edappally South Village,
Kanayannur Taluk in Ernakulam District owned by the
8th respondent from being restored to the original position as
paddy land under Section 13 of the Kerala Conservation of
Paddy Land and Wetland Act, 2008 (hereinafter referred to as
'the Act, 2008').
2. The petitioner states that the 8th respondent is
owner of a paddy land which has been converted by filling up.
The conversion was done in gross violation of the provisions
contained in the Act, 2008. The petitioner therefore
approached the District Collector raising complaint against the
violation of the provisions of the Act, 2008. This Court as per
WP(C) No.35941 of 2022
Ext.P1 judgment, directed the District Collector to consider the
complaint made by the petitioner and pass orders thereon
after hearing both sides.
3. The District Collector thereafter issued Ext.P2 order
directing that certain land has to be restored. The petitioner
states that the land owned by the 8 th respondent has been
however, exempted stating that the same has been converted
prior to the year 2008. According to the petitioner, the said
finding is incorrect. Ext.P2 is therefore illegal and
unsustainable, contended the petitioner.
4. I have heard the learned counsel for the petitioner
and the learned Government Pleader representing
respondents 1 to 3, 5, 7, 9 and 10 and the respective learned
Standing Counsel representing respondents 4 and 6.
5. On hearing the matter, I find that the petitioner has
submitted Ext.P4 statutory revision before the additional
11th respondent. As the revision petition has been filed
invoking Section 28 of the Act, 2008, it will be only just and
WP(C) No.35941 of 2022
proper that the additional 11th respondent consider the matter
at least at the first stage.
In the circumstances, the writ petition is disposed of
directing the additional 11th respondent to consider Ext.P4
revision petition filed by the petitioner and pass appropriate
orders thereon, within a period of two months, after giving an
opportunity of hearing to the petitioner as well as the
8th respondent.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.35941 of 2022
APPENDIX OF WP(C) 35941/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SAID JUDGMENT DATED
08.06.2022 IN WPC NO.12016/2021 OF
THIS HONOURABLE COURT.
Exhibit P2 TRUE COPY OF THE PROCEEDINGS ORDER
NO.DCEKM/4817/2021-LIO DATED
28.09.2022 OF THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE PETITION DATED
19.10.2022 OF THE PETITIONER.
Exhibit P4 TRUE COPY OF THE REVISION PETITION
ALONG WITH STAY PETITION FILED BY THE
PETITIONER BEFORE THE DEPARTMENT OF
AGRICULTURE DEVELOPMENT AND FARMER'S
WELFARE, TRIVANDRUM
Exhibit P5 TRUE COPY OF THE W.P (C) NO. 12016 OF
2021 ALONG WITH COPY OF THE PETITION
PREFERRED BY THE PETITIONER TO THE 2ND
RESPONDENT DATED 28.05.2021.
