Paristhithi Samrakshana Samithi vs The State Of Kerala
2022 Latest Caselaw 2634 Ker

W. P. (C) No. 3574 of 2019      -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
 FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                     WP(C) NO. 3574 OF 2019
PETITIONER/S:

            PARISTHITHI SAMRAKSHANA SAMITHI
            MUTHALAKODAM (REG.NO.I 228/04)REPRESENTED BY ITS
            PRESIDENT MR.N.U. JOHN, S/O. ULAHANNAN, AGED 64
            YEARS, NEDUMKALLEL, MUTHALAKODAM P.O, THODUPUZHA,
            IDUKKI DISTRICT, PIN-685605.
            BY ADVS.
            DAISY A.PHILIPOSE
            SRI.JAI GEORGE


RESPONDENT/S:

    1       THE STATE OF KERALA
            REPRESENTED BY THE PRINCIPAL SECRETARY TO
            GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN-695001.
    2       THE SECRETARY TO GOVERNMENT,
            DEPARTMENT OF LOCAL SELF GOVERNMENT,
            THIRUVANANTHAPURAM, PIN-695001.
    3       LOCAL LEVEL MONITORING COMMITTEE.
            THODUPUZHA MUNICIPALITY,
            REPRESENTED BY ITS CHAIRMAN-685584.
OTHER PRESENT:

            SRI.S.RENJITH, SPL. GP


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   11.03.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 3574 of 2019           -2-




                             JUDGMENT

S. Manikumar, C.J.

Instant public interest writ petition is filed by Paristhithi

Samrakshana Samithi, a Society registered under the Travancore -

Cochin Literary, Scientific and Charitable Societies Registration Act,

1955, for the following reliefs:-

"i) issue a writ of mandamus directing the respondents no.1 and 2 to publish the data banks in all the local self Government Institutions in the State of Kerala as per section 5 [4] of the Kerala Conservation of Paddy Land and Wetland Act, 2008, expeditiously;

ii) issue a writ of mandamus directing the 3 rd respondent to conduct an inspection of the paddy lands, mentioned in Exhibit-P2 and P3 and to make necessary corrections in Exhibit- P1 data bank, expeditiously;

iii) Issue a writ of mandamus directing the 3 rd respondent to consider and pass orders on Exhibit-P2 representation, immediately."

2. Brief facts leading to the filing of the writ petition are as

hereunder:-

a) Petitioner is aggrieved by the inaction on the part of the State

of Kerala, represented by the Principal Secretary to Government,

Department of Revenue, Thiruvananthapuram, the 1 st respondent, in

publishing the Data Banks in 294 Panchayats in the State, which

would defeat the purpose of the Kerala Conservation of Paddy Land

and Wetland Act, 2008.

b) Petitioner has submitted that as per the Kerala Conservation

of Paddy Land and Wetland Act, 2008, in each Panchayat or

Municipality, the Local Level Monitoring Committee has to prepare

the Data Bank, with the details of cultivable paddy land, 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, and to get it notified by the

concerned Panchayat or Municipality or Corporation. However, even

after 10 years of the enactment, out of the 1076 Local Self

Government Institutions, only 782 have published the data bank, and

294 Local Self Government Institutions did not publish the same.

c) Petitioner has further submitted that in the draft Data Bank

published in respect of Thodupuzha Village, there are so many

mistakes, and the paddy lands which are being cultivated, are shown

as converted land. Pointing out such mistakes in the Data Bank of

Thodupuzha Village, the petitioner Society has submitted a

representation dated 30.06.2017 before the Local Level Monitoring

Committee, Thodupuzha Municipality, the 3rd respondent. However,

till this date, no further action was taken on the representation

submitted by the petitioner.

3. That apart, at paragraph No. 3 of the statement of facts filed

along with the writ petition, it is averred in the counter affidavit filed

by respondents in W. P. (C) No. 39694 of 2018, that as on 25.01.2019,

Data Banks have been published, after complying with provisions of

Section 5(4) of the Kerala Conservation of Paddy Land and Wetland

Act, 2008, in respect of the lands within 782 Krishi Bhavans out of

1076 Krishi Bhavans.

4. Contention has also been made by the petitioner that in

respect of Ext. P1 draft Data Bank, there are so many mistakes, and

the paddy lands which are being cultivated, are shown as converted

land. In Sl. Nos. 277, 279-285, 284, 285, 297, 298, 300-303, 310,

311, 313, 317, 320, 326-329, 334, 335, 363, 364, 366, 367, 380-386,

388-390, 478, 480, 481, 620, 622, 623, 625-630, 646, 654, 660, 664,

and 665, paddy lands have been cultivated even in 2014 - 2015.

5. On the above facts, instant writ petition has been filed for the

reliefs stated supra.

6. On the basis of the instructions received from the Agricultural

Field Officer, Municipal Krishi Bhavan, Thodupuzha, Mr. S. Ranjith,

learned Special Government Pleader, submitted that Ext. P1 Data

Bank published is a Draft Data Bank in the Thodupuzha Municipal

area; on the basis of the complaints received; the matter was referred

to KSREC for enquiry, and after enquiry and conducting the satellite

survey, it is reported that many of the paddy fields shown in the

complaint are remaining as paddy fields, and recommendations are

made to include the same in the Data Bank.

7. Placing on record the above, relief Nos. 1 and 2 sought for

cannot be granted.

8. Further, when the writ petition was filed in 2019, averment

has been made to the effect that out of 1076 Krishi Bhavans, Data

Banks been published for 782 Krishi Bhavans, and at this length of

time, it could be reasonably presumed that Data banks would have

been published in respect of the other Local Self Government

Institutions also.

However, on the facts and circumstances of this case, we are of

the view that it is suffice to issue a direction to the Local Level

Monitoring Committee, Thodupuzha Municipality, represented by its

Chairman, the 3rd respondent, to consider and pass orders on Ext. P2

representation dated 30.06.2017, in accordance with law, if received

and still pending on the file of the said respondent, within two months

from the date of receipt of a copy of this judgment.

With the above directions, writ petition is disposed of.

Sd/-

S. MANIKUMAR CHIEF JUSTICE

Sd/-

SHAJI P. CHALY JUDGE Eb

///TRUE COPY/// P. A. TO JUDGE

APPENDIX OF WP(C) 3574/2019

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE RELEVANT EXTRACT OF THE DRAFT DATA BANKIN RESPECT OF THODUPUZHA VILLAGE, WITH TRANSLATION.

EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED 30/6/2017, SUBMITTED BY THE PETITIONER ORGANIZATION BEFORE THE 3RD RESPONDENT WITH TRANSLATION.

EXHIBIT P3 THE DETAILS OF THE PADDY LANDS WHICH ARE BEING CULTIVATED AND MISTAKENLY SHOWN AS CONVERTED LAND IN EXHIBIT-P1 DRAFT DATA BANK.