The Court directed the District Collector to implement an earlier order (Ext.P2) within three months by initiating proceedings to restore land and ensure water flow for paddy cultivation.
1st respondent directed to implement Ext.P2 order within three months by initiating proceedings against land owners.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 26TH DAY OF JUNE 2019 / 5TH ASHADHA, 1941
WP(C).No.11664 of 2015
PETITIONER :
MOHANAN
AGED 52 YEARS
S/O.KESAVAN NAIR (LATE), RESIDING AT KORETH HOUSE, MEZHATHUR, TRITHALA (POST), PALAKKAD DISTRICT, PIN 679534.
BY ADVS. SRI.C.DILIP SRI.SAJU.S.A SRI.VINOD RAVINDRANATH
RESPONDENTS:
5 THE AGRICULTURAL OFFICER KRISHI BHAVAN, (POST) TRITHALA, PIN 679534.
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, KOPPATH VEEDU, (POST) TRITHALA, PALAKKAD, PIN - 679 534.
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, MADATHIL HOUSE, POST TRITHALA, PALAKKAD, PIN - 679 534.
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*ADDL. R8 YUSUF S/O.ABDUL KHADER, AGE NOT KNOWN TO THE PETITIONER, KODAKKANCHERRY HOUSE, (POST) TRITHALA, PALAKKAD, PIN - 679 534.
*** ADDL.R6 TO R8 IMPLEADED AS PER ORDER DATED 09/06/2015 IN I.A.7329/15**
BY ADVS. SRI.ARUN MATHEW VADAKKAN SRI.SANTHEEP ANKARATH
BY SMT MABLE C KURIEN- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who is stated to be in joint possession and ownership of 48½ cents of paddy land in Sy.No.10/1 of Trithala Village, with his sisters and nephew, which is covered by Partition Deed No.673/1989 of S.R.O Trithala, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent to implement Ext.P2 order dated 15.07.2014 issued in exercise of the powers under Section 13 of the Kerala Conservation of Paddy Land and Wetland Act, 2008, whereby additional respondents 6 to 8 were directed to restore their property to its original position and not cause any obstruction to the flow of water to the nearby paddy land. The petitioner has also sought for a direction to the respondents to provide free passage and irrigation facilities to the aforesaid paddy land, so as to enable
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him to cultivate the same with paddy.
Having considered the submissions made by the learned counsel on both sides, this Court finds that the only relief sought for in this writ petition is
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implementation of Ext.P2 order by the 1st respondent. It is for the 1st respondent to take necessary steps to implement Ext.P2 order by initiating appropriate proceedings against the respective land owners, in accordance with law. Necessary steps in this regard, in terms of the relevant provisions under the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the rules made thereunder, shall be taken and completed by the 1st respondent, within a period of three months from the date of receipt of a certified copy of this judgment.
This writ petition is disposed of as above.
Sd/-
ANIL K.NARENDRAN, JUDGE
AV/28/6
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 31.10.2013 IN W.P.(C) NO.26663/2013.
EXHIBIT P2 A TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT DATED 15.07.2014 PASSED IN LRG-1-2012/88474/9. EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 02.02.2015 SUBMITTED BEFORE THE REVENUE DIVISIONAL OFFICER, OTTAPALAM.
EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 21.03.2015 SUBMITTED BEFORE THE FIRST RESPONDENT.
3 issues framed by the court
Whether the 1st respondent is directed to implement the Ext.P2 order dated 15.07.2014 within three months.
Whether the 1st respondent must initiate appropriate proceedings to restore land to its original position and ensure water flow.
Whether the petitioners are entitled to free passage and irrigation facilities for their paddy land.
2 provisions across 2 enactments
Mohanan
The District Collector Palakkad
The Revenue Divisional Officer Ottapalam
The Principal Agricultural Officer
The Village Officer Trithala
The Agricultural Officer
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
