Ravichandran vs State Of Kerala
2023 Latest Caselaw 8438 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                     WP(C) NO. 22178 OF 2021
PETITIONER:

          RAVICHANDRAN
          AGED 55 YEARS,
          S/O. KRISHNAN EZHUTHASSAN,
          KOOTTUPPARA HOUSE, KAVASSERI P.O.,
          PALAKKAD DISTRICT-678 543.

          BY ADVS.
          K.MOHANAKANNAN
          H.PRAVEEN (KOTTARAKARA)

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          REVENUE DEPARTMENT,
          THIRUVANANTHAPURAM-695 001.

    2     THE DISTRICT COLLECTOR,
          CIVIL STATION,
          PALAKKAD-678 001.

    3     THE REVENUE DIVISIONL OFFICER,
          PARAKKUNNAM, VIDYUT NAGAR,
          PALAKKAD,
          KERALA-678 001.

    4     THE TAHSILDAR ALATHUR,
          PALAKKAD-678 541.

    5     LOCAL LEVEL MONITORING COMMITTEE
          ALATHUR, REP BY ITS CONVENOR,
          AGRICULTURAL OFFICER, ALATHUR
          PALAKKAD DISTRICT,-678 541.

    6     VILLAGE OFFICER,
          PUTHUCODE VILLAGE OFFICE,
          PALAKKAD DISTRICT-678 687.
 W.P.(C) No.22178 of 2021
                              2


 Addl.R7 GIRIJA,
         AGED 50 YEARS, W/O.RAJAN,
         CHERUKULANGARA HOUSE, PLAZHI,
         THEKKEPOTTA PO, PUTHUKKODE,
         ALATHUR TALUK, PALAKKAD - 678687.

          [ADDITIONAL 7TH RESPONDENT IS IMPLEADED AS PER
          ORDER DATED 07.08.2023 IN I.A.NO.2/2022.]

          BY ADVS.
          K M RESHMI, GOVERNMENT PLEADER
          BABY MATHEW

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.22178 of 2021
                                 3




                         JUDGMENT

Dated this the 7th day of August, 2023

The petitioner is aggrieved by Ext.P9 Stop Memo issued by

the Village Officer. Ext.P9 alleges violation of the provisions

contained in the Kerala Conservation of Paddy Land and Wetland

Act, 2008 and the Rules made thereunder.

2. The petitioner would submit that the petitioner is

cultivating the land in question. There were bunds on the sides of

the paddy land where coconut trees were planted. In order to

retain the strength of the bund, the petitioner planted a few more

coconut saplings, removing the existing coconut trees. At that

stage, Ext.P9 Stop Memo has been issued by the Village Officer.

Ext.P9 Memo is highly illegal and arbitrary. The petitioner, as part

of paddy cultivation, is entitled to strengthen the bunds and for

that purpose to plant coconut trees. It cannot be treated as W.P.(C) No.22178 of 2021

conversion and Stop Memo cannot be issued against the activity,

which is part of paddy cultivation activity.

3. Government Pleader entered appearance and

submitted that the saplings were planted by the petitioner in the

bund adjacent to the paddy land. The existence of coconut trees in

the bund earlier, is also admitted.

4. Taking into consideration the above facts, I am of the

view that the Village Officer has to consider Ext.P10 reply

submitted by the petitioner and take appropriate decision with

regard to Ext.P9 Stop Memo as expeditiously as possible.

The writ petition is hence disposed of directing the 6 th

respondent-Village Officer to consider Ext.P10 objection filed by

the petitioner and conclude Ext.P9 proceedings, within a period of

one month after giving an opportunity of hearing to the petitioner.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.22178 of 2021

APPENDIX OF WP(C) 22178/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DOCUMENT NO.2963/2008 OF SRO ALATUR DATED 10.6.2008 Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF THE PROPERTY COVERED BY B SCHEDULE I EX.PT DATED 4.5.2020 Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT OF THE PROPERTY COVERED BY EXT P1 DATED 16.7.2021 Exhibit P4 TRUE COPY OF THE DOCUMENT NO.2257/92 OF SRO ALATHUR Exhibit P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 28.5.2021 Exhibit P6 TRUE COPY OF THE BASIC TAX RECEIPT 26.7.2021 Exhibit P7 TRUE COPY OF THE RECEIPT ISSUED BY SUPPLYCO DATED 19.4.2020 Exhibit P8 TRUE COPY OF THE RECEIPT ISSUED BY SUPPLYCO DATED 29.10.2020 Exhibit P9 TRUE COPY OF THE ORDER ISSUED BY THE 5TH RESPONDENT VILLAGE OFFICE NO.4/21 DATED 16.7.2021 Exhibit P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT ON 19.7.2021