The High Court dismissed the writ appeal filed by Vellangallur Grama Panchayat challenging the single Judge's order permitting the removal of land from the paddy wetland data bank. The Court held the Panchayat lacked powers under the Act to regulate proceedings and found no grounds for interference.
The writ appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A. No. 51/2018 : 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
TUESDAY, THE 10TH DAY OF AUGUST 2021 / 19TH SRAVANA, 1943
WA NO. 51 OF 2018
JUDGMENT DATED 08.12.2015 IN WPC 28018/2012 OF HIGH COURT OF KERALA
APPELLANT/THIRD PARTY:
VELLANGALLUR GRAMA PANCHAYAT VELLANGALLUR,IRINJALAKUDA,THRISSUR-680 121. REPRESENTED BY ITS SECRETARY.
BY ADVS. T.B.HOOD M.ISHA
RESPONDENTS/PETITIONER/RESPONDENTS:
1 LALITHA D/O.MANITHARA MADATHIL RAJAN,LAKSHMI MANDHIRAM, THEKKEKARA ROAD,MANAVALASSERY VILLAGE, IRINJALAKUDA,MUKUNDAPURAM,THRISSUR-680 121.
2 PADMA, W/O.NADUVATHRA MADATHIL HARIHARAN, LAKSHMI MANDHIRAM,THEKKEKARA ROAD,MANAVALASSERY VILLAGE, IRINJALAKUDA,MUKUNDAPURAM, THRISSUR-680 121.
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LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER AGRICULTURAL OFFICER, VELLANGALLUR GRAMA PANCHAYAT, IRINJALAKUDA, THRISSUR – 680 121.)
(ADDL. R7 IMPLEADED AS PER ORDER DATED 04.05.2021 IN I.A NO. 2 OF 2021)
BY ADVS. R1 & R2 BY SRI.T.N.MANOJ SRI.T.N.MANOJ
R3 TO R6 BY SRI. TEK CHAND, SR. GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Dated this the 10TH day of August, 2021.
JUDGMENT
SHAJI P. CHALY, J.
This appeal is preferred by a third party namely Vellangallur Grama Panchayat, Thrissur District, challenging the judgment dated 08.12.2015 of the learned single Judge in W.P.(C) No. 28018 of 2012.
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and evident from Annexure A order of the Local Level Monitoring Committee produced along with the appeal memorandum, that the property in question was removed from the data bank prepared under the provisions of the Act, 2008. However, further proceedings are detained consequent to the pendency of this appeal, evident from the documents produced by the writ petitioner in the appeal proceedings.
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improper and illegal. That apart, it was submitted that the finding of the Local Level Monitoring Committee has never in its report stated that the land was not a wetland. But, on the other hand, the finding was to the effect that the land was waterlogged and fit for paddy cultivation and therefore, the direction issued by the learned single Judge would be a licence for the writ petitioners to subvert the statutory provisions and reclaim the paddy land in contravention of the Act, 2008.
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of the Government that indiscriminate and uncontrolled reclamation and massive conversion of paddy land and wetland are taking place in the State. Whatever that be, there is a clear prohibition created under Section 3 of Act, 2008 on and from the date of commencement of the Act, deprecating the owner, occupier or the person in custody of any paddy land from undertaking any activity for the conversion or reclamation of such paddy land, except in accordance with the provisions of the Act.
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question and therefore, the local level monitoring committee was adequately represented in the writ petition and the contention raised by the appellant otherwise is not correct. The Committee is vested with powers to recommend to the District Level Authorised Committee for the reclamation of paddy land for the construction of residential buildings for the owner of the land along with other powers.
the learned single Judge directed the Local Level Monitoring Committee, who is vested with powers, to consider the application submitted by the writ petitioner. The Local Level Monitoring Committee, after taking into account the pros and cons of the matter, has passed Annexure A order, which reads thus:
“Proceedings of the Convener (Agricultural Officer) of Local Level Monitoring Committee, Vellangallur Grama Panchayat
Present: Smt. Rinku P
Subject: with regard to proceedings of Hon'ble High Court in WPC.28018/12 B
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You are informed that the meeting of the Local Level Monitoring Committee, Vellangallur Grama Panchayat was conducted on 10.02.2016 in accordance with the directions in the Judgment in WPC.28018/12 B of the Hon'ble High Court filed by Lalitha/Padma Lakshmi Mandhiram, Thekkekara Road, Manavalassery Village, Irinjalakuda, Mukundapuram, Thrissur. On 10.02.2016, the committee had conducted the local inspection of the property and below mentioned details is informed to you.
24 302/1000 cents of landed property comprised in Survey No. 325/4 of the Vellangallur Grama Panchayat, Vadakkumkara Village, owned by Lalitha, Padma is found to be a low laying water logged paddy land than the surrounding properties. And therefore it is decided that no correction is necessary to be made in draft data bank prepared after the commencement of Kerala Conservation of Paddy land & Wetland Act, 2008. The committee earnestly considered that the aspect that the adjacent properties on the three sides of this property is seen as reclaimed land and one side is seen as road, there might be practical difficulty in conducting paddy cultivation, and also since the party has no other land in possession for the construction of house, therefore using the rights and privileges enjoyed by the Local Level Monitoring Committee, 10 cents of land is permitted to be reclaimed for the purpose of construction of house.
You are informed that the directions issued in the court order is complied. Copies to
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we do not think the appellant/third party has made out a case for interference in the judgment of the learned single Judge.
Needless to say, writ appeal fails and accordingly, it is dismissed.
S. MANIKUMAR, CHIEF JUSTICE.
SHAJI P. CHALY,
JUDGE.
Rv
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APPENDIX OF WA 51/2018
PETITIONER ANNEXURE
| Annexure A | A TRUE COPY OF THE PROCEEDINGS OF THE LLMC ALONG WITH TRUE ENGLISH TRANSLATION. |
|---|---|
| Annexure B | A TRUE COPY OF THE AFFIDAVIT FILED BY THE LLMC IN CONTEMPT CASE NO.780/2016. |
| Annexure C | A TRUE COPY OF THE PROCEEDINGS OF THE LLMC ALONG WITH ITS TRUE ENGLISH TRANSLATION. |
| Annexure D | A TRUE COPY OF THE AFFIDAVIT FILED BY THE 5TH RESPONDENT CONTEMPT CASE NO.780/2016. |
| Annexure E | A TRUE COPY OF THE ORDER DATED 07/09/2016 IN CONTEMPT CASE NO.780/2016. |
| Annexure F | A TRUE COPY OF THE PROCEEDINGS OF THE LLMC DATED 29/06/2017 ALONG WITH ITS TRUE ENGLISH TRANSLATION. |
| Annexure G | A TRUE COPY OF THE RELEVANT PAGE OF THE DRAFT BANK PERTAINING TO THE PROPERTY OF THE 1ST AND 2ND RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION. |
| Annexure H | A TRUE COPY OF THE LETTER DATED 01/07/2017 OF THE LCMC ALONG WITH ITS TRUE ENGLISH TRANSLATION. |
| Annexure (a) | TRUE COPY OF THE ORDER DATED 07/09/2016 OF THE LEARNED SINGLE JUDGE IN CONT. CASE780/2016. |
| Annexure (b) | TRUE COPY OF THE REPORT OF THE AGRICULTURAL OFFICER VELLANGALLORE WITH THE PICTURES OBTAINED FROM THE KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE. |
| Annexure (c) | TRUE ENGLISH TRANSLATION OF ANNEXURE F PRODUCED ALONG WITH THE WRIT APPEAL. |
| Annexure (c) | PHOTOGRAPHS SHOWING THE LIE AND NATURE OF THE PROPERTY AND ITS SURROUNDINGS. |
| RESPONDENTS' ANNE | XURES: |
| Annexure R1(a) | TRUE COPY OF THE REPORT DATED 27/10/2020 |
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FORWARDED BY THE AGRICULTURAL OFFICER, BHAVAN VELLANGALLORE GRAMA PANCHAYAT TO THE RDO, IRINJALAKUDA.
Annexure R1(b) TRUE COPY OF THE LETTER DATED 15/01/2021 ISSUED FROM THE OFFICE OF THE RDO, IRINJALAKUDA ADDRESSING THE 2ND PETITIONER.
/ True Copy/
PS To Judge.
rv
2 issues framed by the court
Whether the appeal by the Grama Panchayat challenging the single Judge's order is maintainable in view of the Panchayat's lack of powers under the Act, 2008 to control proceedings.
Whether the Panchayat has made out a case for interference with the High Court's judgment regarding the removal of land from the data bank.
3 provisions across 1 enactments
Vellangallur Grama Panchayat
Lalitha
Padma
District Collector, Thirssur
Tahasildar, Mukundapuram
Village Officer, Vadakkumkara
S.Manikumar
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
