Kerala High Court

Chanthu vs State Of Kerala on 1 August, 2023

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR.JUSTICE N.NAGARESH
          Tuesday, the 1st day of August 2023 / 10th Sravana, 1945
                        WP(C) NO. 24586 OF 2020 (W)
PETITIONER:

     CHANTHU, AGED 73 YEARS, S/O. MINNIYAN, MANJADI PARAMBIL (H),
     CHELLANAM P.O., MARUVAKKAD, ERNAKULAM DISTRICT-682 008

RESPONDENTS:

  1. STATE OF KERALA REPRESENTED BY THE SECRETARY, AGRICULTURAL
     DEPARTMENT, THIRUVANANTHAPURAM-695 001
  2. DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM-682 030
  3. PRINCIPAL AGRICULTURAL OFFICER, ERNAKULAM DISTRICT-682 030
  4. REGIONAL DEPUTY DIRECTOR OF FISHERIES, DR.SALIM ALI ROAD, ERNAKULAM
     -682 018
  5. REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, FORT
     COCHIN-682 001
  6. THE AGRICULTURAL OFFICER, CHELLANAM, ERNAKULAM DISTRICT-682 008
  7. MARUVAKKAD PADASEKHARA KARSHAKA UNION, REG NO.ER/75, CHELLANAM P.O.,
     REPRESENTED BY THE SECRETARY K.J.JACOB, S/O. JOSEPH, KAITHAVALAPPIL
     (H), CHELLANAM P.O., ERNAKULAM-682 008
  8. ADDL.R8. THE SUPERINTENDING ENGINEER MINOR IRRIGATION DEPARTMENT,
     COLLECTORATE, KAKKANAD, ERNAKULAM - 682 030. [ADDITIONAL R8 IS
     IMPLEADED AS PER ORDER DATED 08.10.2021 IN I.A.2/2021 IN
     WP(C)24586/2020.]


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 4th respondent to close the sluice opened by the 7th
respondent and stay the fishing operation based on Ext.P2 order pending
disposal of writ petition for the interest of justice.


     This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's judgment
dated 22.10.2021 and order dated 18.10.2022 in I.A.1/2022 in
WP(C)24586/2020 and upon hearing the arguments of M/S LIJU V.STEPHEN, INDU
SUSAN JACOB, Advocates for the petitioner, GOVERNMENT PLEADER for R1 to R6
& R8, SRI.S.SUJIN, Advocate for R7 and of SRI.RENIL ANTO KANDAMKULATHY,
Advocate Commissioner, the court passed the following:
                            N. NAGARESH, J.

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                       W.P.(C) No.24586 of 2020

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                 Dated this the 1st day of August, 2023

                                 ORDER

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The writ petition was filed by the petitioner, a

farmer, seeking inter alia to direct the 2nd respondent and the

3rd respondent to expel the 7 th respondent from doing fishing

activities during the period of paddy cultivation and to take

appropriate action against the Padasekharam. The writ

petition was filed in the year 2020 alleging that the 7 th

respondent-Padasekhara Karshaka Union is not carrying out

the dewatering process properly.

2. This Court considered the submissions and

appointed an Advocate Commissioner to monitor the

dewatering process, as per interim order dated 09.08.2021. A

Monitoring Committee consisting of all stakeholders was WP(C) No.24586/2020

constituted as per judgment dated 22.10.2021. The

directions given in the judgment were as follows:

23. Accordingly, in W.P.(C) Nos.24586/2020, 1511/2021 and 2422/2021, it is ordered that a Compact Committee should supervise the dewatering process from 1st March every year till the dewatering process is satisfactorily completed. For the said purpose, this Court constitutes the following Committee:

(i) The Advocate Commissioner appointed by this Court as per order dated 09.08.2021 (who will act as Chairman of the Committee)

(ii) Agricultural Officer

(iii) Superintending Engineer, Minor Irrigation Central Circle, Ernakulam

(iv) Fisheries Extension Officer, Chellanam

(v) Circle Inspector of Police, Kumbalangi

(vi) President of Maruvakkad Padasekhara Karshaka Union.

The aforesaid Committee shall convene meeting sufficiently in advance to carry out the dewatering of padasekharam. The tenure of the Committee will be for a period of two years.

24. From the reports, it is clear that at least four water pumps are required for effective dewatering process. At present, there are only two motor pumps and two pump houses, one of which is damaged. In the circumstances, the Chief Engineer, Department of Irrigation is directed to take steps for construction of two more pump houses and for purchase and installation of two more motor pumps for effectively dewatering the Padasekharam in the future years. The respondents, Agricultural Officer and Superintending Engineer, Minor Irrigation Central WP(C) No.24586/2020

Circle, Ernakulam, are also directed to repair one of the existing damaged pumps/pump houses.

25. The respondents, Agricultural Officer and Superintending Engineer, Minor Irrigation Central Circle, Ernakulam, are required to take necessary steps to strengthen the bunds around the Padasekharam sufficiently in advance, every year. The Committee shall also explore the possibility and viability of planting Coconut trees for strengthening the bunds on a permanent basis.

26. The respondents, Agricultural Officer and Superintending Engineer, Minor Irrigation Central Circle, Ernakulam, are further directed to take effective measures to install leak-proof sluices, wherever necessary, for which the feasibility of installing wooden shutters should also be looked into.

27. The Committee shall file biweekly reports in W.P.(C) No.24586/2020 on and from 1 st March of the ensuing year, till dewatering process is completed and concluded.

3. By the Activity Report dated 29.08.2022, the

Advocate Commissioner informed that -

"There was effective participation of majority members of the Monitoring Committee in the meetings held on 23.7.22 & 10.8.22 and also during the Njattuvela function held on 24.7.22. The District Collector, Ernakulam who is also the Chairman of PLDA has inaugurated the first phase of Njattuvela / transplanting pokkali plants on 24.7.22 at Maruvakkad Padasekharam. There was active participation of farmers, local natives, local self government representatives, agriculture, irrigation, Fisheries & Police Departments during the Njattuvela organised. They had co-operated and participated in the whole day activities organised by WP(C) No.24586/2020

the Padasekhara Karshaka Union with the guidance of this Committee. A large media coverage was received for the said function which promoted the situation that the public could understand the reality. The majority invitees & media had been provided the facility to move around and watch the entire pokkali cultivated areas & dewatering process too. The District Collector was also pleased to travel around padasekharam in order to observe the cultivation stage.

(ii) The fish farming is strictly under stoppage at this point of time and no aqua farming will be permitted during the present season in order to save & protect the present pokkali season till harvest in view of the crop calendar. Even then, the Padsekhara Karshaka Union reported that certain anti socials identified are still trespassing into the Padasekharam for fishing and some damages are alleged & reported. In the above matter, a complaint submitted by the secretary of the padasekaram is with the police authorities. It is now the police authorities to act in accordance with law for providing adequate safety and protection to the half grown pokkali farms being ready for harvest in 45-50 days.

(iii) The bund strengthening works are still conducting by the irrigation Dpt. The said activity will be concluding soon as informed by the irrigation Dpt. On the dates of inspections, no leakages are found and the bunds are now capable to protect the whole padasekharam. Some areas are still under repairing works to strengthen more as a precaution which will be concluded soon.

(iv) As directed by this Hon'ble Court, the Committee has decided to plant coconut trees all along in the east-south-west bund of the padasekharam. Sufficient number of coconut seedlings are made available with the Krishi Bhavan Chellanam as on 20.8.22 for the first phase planting. The Padasekhara Karshaka Union has agreed to organise the same process without delay.

WP(C) No.24586/2020

(v) It is reported that one petty / Para Motor & the new vertical motor were under repair as the same got damaged due to some unknown doubt full reasons as alleged by the Padasekhara Karshaka Union officials. The Switch Boards are seen as burnt and it is reported that the said activity might be some trespasser's activity. They have preferred the complaints to the police and at present, day / night police presence along at the pumping motor area is already requested in writing. This Hon'ble Court may be pleased to direct the SHO Kannamali to depute sufficient number of police personnel to the area as we anticipate any type of crimes from some anti socials causing damages of pumps & bunds which may cause serious destruction of large area of pokkali cultivation but actually the same will no way going to affect few of those farmers haivng four side outer bunds. At present for the purpose of dewatering, one petti /para pump as well as the newly installed vertical motor are very much available for dewatering.

(vi) Some letters had been received from the petitioner farmer Mr.Chandu alleging non maintaining of water lever etc... The Agriculture Officer was intimated to conduct urgent inspection on the same and it was reported that water level is under control and no harm is anticipated due to the present water level. As and when the pumping is required the same will be done in accordance with the requirement. At present the water level in the padasekharam is not beyond the permissible limits as reported by the Agriculture Officer pursuant to her inspections conducted on 15.8.22 and also by their message dated 27.8.22.

(vii) It is reported that the pokkali seedlings in the various fields are grown more than 3 feet and may be ready for harvest from 20th of October 2022 onwards subject to the climate conditions.

(viii) Both two major sluices situated in the eastern bund are already closed by stacking mud filled WP(C) No.24586/2020

sacks. The stacking of sacks in the sluices are seen as fair enough to tackle any usual high tides. At present there is no works proposed on those areas and no leakages found."

4. It has been reported that in the year 2022, due to

the effective and timely dewatering process carried out by

the Monitoring Committee, more farmers came forward to

cultivate Pokkali paddy in their land and out of the about 200

Acres of cultivable land, more than 100 Acres were

cultivated.

5. In the year 2023 also, the Monitoring Committee

swung into action. The Report dated 31.03.2023 reads as

follows:

"As on date all the infra structure facilities like a 50 HP vertical modern pump and as undertaken by the padasekhara karshaka union, the conventional type petty & Para motors are ready after due repairing works. The sluices with hard wood shutters situated in the eastern bund of the padasekharam are also made ready for further actions. Apart from above, already strengthened outer bunds are presently under safe situation for supporting dewatering & the paddy cultivation during the coming season. The vertical modern motor newly installed during last season is in working condition (trial run conducted).

WP(C) No.24586/2020

6. The Report dated 16.05.2023 reads as follows:

"1) It is most respectfully submitted that the crop calendar for the current year is issued by the PLDA Chairman / District Collector as early on 9/2/23. Thus, due directions issued to the Padasekhara Karshka Union through the Agriculture Department by this Committee to the effect that the dewatering in the maruvakkad padasekharam is to be started by 15/4/23 for the purpose of next pokkali cultivation season.

2) At the same time the Fisheries Department had issued another order dated 13/4/23 extending the aqua farming season till 30/4/23. It is submitted that the newly elected office bearers of the Maruvakkad Padasekhara Kaeshka Union had already assumed the charge and according to their intimations, Dewatering had already been started on 21/4/23 itself enabling them to finish the same urgently for the land preparation cultivating pokkali for the current season.

3) As instructed by this Monitoring Committee, the Agriculture officer ,Chellanam has verified as regarding the dewatering process and the land preparations. It is seen that majority area in padasekharam, the paddy lands having internal bunds in particular are free from saline water now and the other areas are also seen with low water level due to dewatering.

4) It is reported that all the motors including the two petty / Para motors, the vertical type modern motor installed last season are functioning smoothly and effectively conducting the dewatering which will be concluded soon. Even then, in order to avoid the saline water leakage if any and for pumping the rain water, all the motors are still in a working condition. The Padasekharam officials as they reported, are present at the eastern bund on term basis in order to regulate the pumping effectively.

WP(C) No.24586/2020

5) The Agriculture officer has also reported that every infra structure facility provided during the last year as directed by this Hon'ble Court are effectively utilized and helpful for the dewatering process during the current season. At this point of time, the saline water quantity in the padasekharam is almost less and thus dewatering is effective till date. The padasekharam officials are fairly conducting / operating the motors and pumping as on date with out any latches. A meeting and site inspection is proposed on 18/5/23 at Chellanam, incorporating all the monitoring committee members for assessing the stage of dewatering and to have a plan for regulating Monsoon water during the months June and July, 2023. Apart from above, the padasekharam officials have expressed their plan to cultivate pokkali during the coming season also in identified feasible areas of Maruvakkad Padasekharam."

It is evident from the Report that machinery/pumps for

effective dewatering are in place and are functional and in

the year 2023 also, dewatering process has been

successfully completed.

7. As the dewatering process is primary responsibility

of the Padasekhara Samithy and since infrastructural

requirements are in place and taking into consideration the

fact that bunds are strengthened and sluices are in place in

working condition, I am of the view that the Monitoring

Committee can be dissolved, leaving the dewatering process WP(C) No.24586/2020

for future years to the Padasekhara Samithy.

8. The earnest and arduous efforts taken by the