Disposed

Poulose P.I. v. Parakkadavu Grama Panchayat

Kerala HC19 Nov 2020WP(C)/4344/2020

Case brief

AI extract

What is this about?

The Court disposed of two writ petitions concerning government land utilisation for caged aquaculture farming. The permission had expired, and residents claimed the pit was a public water source. The Court ordered the Panchayat to enforce the stop memo and directed the Government to advert public claims before granting renewal.

What did the court decide?

The stop memo by the Panchayat shall continue; Government shall not renew permission without advertising claims of local residents and Panchayat regarding the land as a public water source.

Poulose P.I. Vs Parakkadavu Grama Panchayat — Land Acquisition | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

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WP(C).No.36692 OF 2018(J)

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PETITIONER:

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RAJIESH P.V., AGED 35 YEARS, S/O VELAYUDHAN, AQUAMINE, CHATHANGAD ROAD, PALARIVATTOM, ERNAKULAM

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BY ADVS. SRI.M.JITHESH MENON SMT.K.INDU (POURNAMI) SRI.P.G.MAHESHKUMAR SRI.R.BRIJESH

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RESPONDENTS:

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1 PARAKKADAVU GRAMAPANCHAYATH, MOOZHIKKULAM, KURUMASSERY P.O, ERNAKULAM DISTRICT, PIN-683 579, REPRESENTED BY ITS SECRETARY.

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2 STATE OF KERALA, REPRESENTED BY SECRETARY TO THE DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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3 DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM,PIN-682030.

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4 DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES (ZONAL), ERNAKULAM, PIN-682031.

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5 TAHSILDAR, TALUK OFFICE, ALUVA,PIN-683 101.

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6 RAMAKRISHNAN, MEMBER, WARD NO.XVIII. PARAKKADAVU GRAMAPANCHAYATH, PARAKKADAVU, ERNAKULAM DISTRICT, PIN-683 572.

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BY ADVS. SRI.S.RENJITH SRI.S.UNNIKRISHNAN (NELLAD) SRI.WILSON URMESE SRI.DHANIL M.R., GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.11.2020, ALONG WITH WP(C).4344/2020(P), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)Nos.36692/2018 & 4344/2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

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WP(C).No.4344 OF 2020(P)

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PETITIONERS:

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1 POULOSE P.I., S/O. ITTIRA, ARACKALAN HOUSE, ELAVOOR P.O., PARAKKADAVU, PIN - 683 572, ERNAKULAM DISTRICT.

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2 ANTONY K.P., KALLARACKAL HOUSE, PULIYANAM P.O., ELAVOOR, PARAKKADAVU, PIN - 683 572, ERNAKULAM DISTRICT.

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3 MATHEW K.D. KALLELY HOUSE, ELAVOOR P.O., PARAKKADAVU, PIN - 683 572, ERNAKULAM DISTRICT.

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BY ADVS.

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SRI.WILSON URMESE SMT.MARIA ELIZABETH WILSON

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RESPONDENTS:

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1 PARAKKADAVU GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KURUMASSERY P.O., MOOZHIKULAM, PIN - 683 579, ERNAKULAM DISTRICT. 2 THE SUPDT. OF POLICE, ERNAKULAM RURAL, ALUVA - 683 101. 3 THE CIRCLE INSPECTOR OF POLICE, ANGAMALY P.O., PIN - 683 572, ERNAKULAM DISTRICT. 4 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM, KOCHI - 682 030.

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5 RAJIESH P.V., S/O. VELAYUDHAN, MANAGING PARTNER, AQUAMINE FISH FARM, ELAVOOR P.O., PARAKKADAVU, PIN - 683 572, ERNAKULAM DISTRICT. 6 JAYARAJ, S/O. MADHAVAN, KOVATTU HOUSE, ELAVOOR P.O., PARAKKADAVU, PIN - 683 572, ERNAKULAM DISTRICT. BY ADVS. SRI.S.RENJITH SRI.P.K.SREEVALSAKRISHNAN SRI.M.JITHESH MENON SRI.P.G.MAHESHKUMAR SRI.R.BRIJESH SRI.DHANIL MR, GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.11.2020, ALONG WITH WP(C).36692/2018(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)Nos.36692/2018 & 4344/2020

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JUDGMENT

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[ WP(C).36692/2018, WP(C).4344/2020 ]

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Dated this the 19th day of November 2020

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These writ petitions are pertaining to a caged aquaculture farming by one Rajiesh in Government Land. This Government land was originally given for mining. Pit was formed in the land. Rajiesh, the writ petitioner in W.P.(C) No.36692 of 2018, want to use this land for aquaculture farming. He approached the Government. The Government granted permission on 17.08.2017 to use the land for a period of three years, that period was over.

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W.P.(C) No.4344 of 2020 is filed before this Court challenging the use of the government land for aquaculture farming. This was on the ground that the pit formed in the land is a public water source for the local residents. The Panchayat also had issued a stop memo on 31.08.2018. Challenging this, Rajiesh filed W.P.(C) No.36692 of 2018.

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There is an interim order dated 17.02.2020 granted

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by this Court in W.P.(C) No.4344 of 2020 as against utilisation of

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WP(C)Nos.36692/2018 & 4344/2020

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the land for the aquaculture farming. Rajiesh could not utilise

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the permission granted by the Government. The period is also over.

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Therefore, I am of the view that the writ petitions can be disposed with the following directions:

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i. The stop memo issued by the Panchayat will continue and the Panchayat shall enforce the stop memo as against Rajiesh for the utilisation of the land for aquaculture farming. However, nothing prevents Rajiesh moving the Government for renewal of the permission.

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ii. The Government shall not renew the permission granted to Rajiesh without adverting to the claim of the local residents and the Panchayat that the land is being used for as a public water source.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

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akv

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WP(C)Nos.36692/2018 & 4344/2020

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APPENDIX OF WP(C) 36692/2018

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE LETTER DATED 19.01.2017 OF THE DEPUTY DIRECTOR OF FISHERIES ERNAKULAM.
EXHIBIT P2	TRUE COPY OF THE RESOLUTION OF THE PARAKKADAVU GRAMAPANCHAYATH DATED 17.03.2015.
EXHIBIT P3	TRUE COPY OF NO OBJECTION ISSUED BY ERNAKULAM DISTRICT PANCHAYATH DATED 12.05.2015.
EXHIBIT P4	TRUE COPY OF CONSENT LETTER OBTAINED FROM THE MINOR IRRIGATION DEPARTMENT DATED 26.05.2015.
EXHIBIT P5	TRUE COPY OF THE LETTER OF THE EXECUTIVE ENGINEER DATED 19.05.2015.
EXHIBIT P6	TRUE COPY OF THE REPORT OF THE DEPUTY DIRECTOR OF FISHERIES DATED 20.11.2015.
EXHIBIT P7	TRUE COPY OF THE REPORT OF THE DISTRICT COLLECTOR DATED 07.09.2015.
EXHIBIT P8	TRUE COPY OF THE GOVERNMENT ORDER DATED 17.08.2017.
EXHIBIT P9	TRUE COPY OF THE CHALAN RECEIPT DATED 04.01.2018.
EXHIBIT P10	TRUE COPY OF THE CERTIFICATE OF THE PRINCIPAL SCIENTIST, CENTRAL MARINE FISHERIES RESEARCH INSTITUTE DATED 01.12.2017.
EXHIBIT P11	TRUE COPY OF THE CERTIFICATE DATED 16.12.2017 OF THE MEDICAL OFFICER IN CHARGE.
EXHIBIT P12	TRUE COPY OF THE CERTIFICATE FROM THE FISHERIES DEPUTY DIRECTOR DATED 13.11.2017.
EXHIBIT P13	TRUE COPY OF THE LETTER DATED 31.08.2018 ISSUED BY THE TAHSILDAR.
EXHIBIT P14	TRUE COPY OF THE RESOLUTION OF THE 1ST RESPONDENT PANCHAYATH DATED 15.11.2017.

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WP(C)Nos.36692/2018 & 4344/2020

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EXHIBIT P15 TRUE COPY OFT HE DECISION OF THE 1ST RESPONDENT DATED 20.1.2018.

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EXHIBIT P16 TRUE COPY OF THE STOP MEMO PURPORTEDLY DATED 31.8.2018 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P17 TRUE COPY OF THE LETTER DATED 6.9.2018 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

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EXHIBIT P18 TRUE COPY OF THE LETTER DATED 5.1.2019 ISSUED BY THE TAHSILDAR.

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RESPONDENT'S/S EXHIBITS :

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EXHIBIT R4(a) LETTER NO.B2-218/2017 DATED 27.09.2018. EXHIBIT R4(b) LETTER NO.B2-218/17 DATED 19.01.2017.

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

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APPENDIX OF WP(C) 4344/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 30.08.2018, SUBMITTED TO THE 1ST RESPONDENT BY SRI. N.V. RAMAKRISHNAN, MEMBER, WARD - 18

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EXHIBIT P2 TRUE COPY OF THE STOP MEMO DATED 31.08.2018 ISSUED BY THE 1ST RESPONDENT

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EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 26.10.2018 IN W.P.(C) NO.29830/2018 OF THIS HON'BLE COURT

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EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 08.02.2020 SUBMITTED TO THE 1ST & 2ND RESPONDENTS ON 10.02.2020

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RESPONDENT'S/S EXHIBITS :

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EXHIBIT R5(a) TRUE COPY OF THE GOVERNMENT ORDER DATED 17.8.2017.

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EXHIBIT R5(b) TRUE COPY OF THE LETTER DATED 17.3.2015.

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EXHIBIT R5(c) TRUE COPY OF THE RESOLUTION OF THE PARAKADAVU GRAMA PANCHAYATH DATED 17.3.2015.

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EXHIBIT R5(d) TRUE COPY OF THE NO OBJECTION ISSUED BY THE ERNAKULAM DISTRICT PANCHAYAT DATED 12.5.2015.

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EXHIBIT R5(e) TRUE COPY OF THE CONSENT LETTER OBTAINED FROM THE MINOR IRRIGATION DEPARTMENT DATED 26.5.2015.

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EXHIBIT R5(f) TRUE COPY OF THE LETTER OF THE EXECUTIVE ENGINEER DATED 19.5.2015.

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EXHIBIT R5(g) TRUE COPY OF THE REPORT OF THE DEPUTY DIRECTOR OF FISHERIES DATED 20.11.2015.

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EXHIBIT R5(h) TRUE COPY OF THE LETTER ISSUED BY THE DISTRICT COLLECTOR DATED 7.9.2015.

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EXHIBIT R5(i) TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL SCIENTIST, CMFRI DATED 1.12.2017. EXHIBIT R5(j) TRUE COPY OF THE CERTIFICATE DATED 16.12.2017 OF THE MEDICAL OFFICER IN CHARGE, CHENGAMANAD. EXHIBIT R5(k) TRUE COPY OF THE CERTIFICATE OF THE FISHERIES DEPUTY DIRECTOR DATED 13.11.2017. EXHIBIT R5(l) TRUE COPY OF THE CHALAN RECEIPT DATED 4.1.2018. EXHIBIT R5(m) TRUE COPY OF THE ACKNOWLEDGMENT CERTIFICATE ISSUED BY THE NODAL AGENCY DATED 24.1.2020. EXHIBIT R5(n) TRUE COPY OF THE REGISTRATION GRANTED BY THE KERALA STATE POLLUTION CONTROL BOARD. EXHIBIT R5(o) TRUE COPY OF THE INTIMATION LETTER DATED 17.3.2020. EXHIBIT R5(p) TRUE COPY OF THE LETTER NO. A6/1595/20 DATED 10.3.2020.

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

Poulose P.I. v. Parakkadavu Grama Panchayat

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Poulose P.I. v. Parakkadavu Grama Panchayat

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