Petitioner challenged rejection of request to construct bunds by importing soil on wetland land. Court upheld respondent's order under Kerala Conservation of Paddy Land and Wet Land Act, 2008, leaving petitioner's remedy under the Act open.
Writ petition closed; no interference with the impugned orders; right to pursue remedy under the Act left open.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 8TH DAY OF OCTOBER 2021 / 16TH ASWINA, 1943
WP(C) NO. 33659 OF 2009
PETITIONER:
ROSU SUNIL MELAMPARAMBIL HOUSE,PODIYADI P.O.,THIRUVALLA, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, SRI.M.P.OOMMEN,MELAMPARAMBIL HOUSE, PODIYADI P.O.,THIRUVALLA.
BY ADV SRI.RAJU JOSEPH (SR.)
RESPONDENTS:
OTHER PRESENT:
BY GOVT. PLEADER SHRI JACOB E. SIMON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.33659 of 2009
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VIJU ABRAHAM,J.
................................................................. W.P.(C) No.33659 of 2009
................................................................. Dated this the 8th day of October, 2021
JUDGMENT
The petitioner is the owner in possession of an extent of 26.15 Ares of land in re.sy.Nos.405/4 and 405/5-2 of block No.5 of Nedumbram Village in Thiruvalla Taluk and also an extent of 49.85 Ares of land in re.sy.No.405/1 and 2 in the very same Village, purchased by her as per Ext.P1 sale deed. In 2005 the petitioner took steps to cultivate oil palms in the said property. In connection with the cultivation of the same, the petitioner submitted Ext.P3 representation before the 2nd respondent seeking permission to construct interconnecting bunds to make the area suitable for oil palm cultivation. The said request was allowed by Ext.P4 order on various conditions enumerated in the order. Subsequently, on 18.06.2009 the petitioner again approached the 1st respondent to permit her to construct bunds by bringing soil from outside the property. The said request was declined by Ext.P5 order stating that such a request cannot be granted as per the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as "the Act"). Thereafter the petitioner submitted Ext.P6 representation, which was also rejected as per Ext.P7 stating the very
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3
same reason. It is aggrieved by the said orders that the petitioner has approached this Court.
Since the property in question is classified as a wetland as per the village records and as the land is covered by the provisions of the Act, the action of the 1st respondent evidenced by Exts.P5 and P7 orders declining permission cannot be found fault with and therefore, no interference is called for. At this juncture, learned counsel for the petitioner requested that his right to pursue the remedies available under the Act may be left open. Therefore leaving open the right of the petitioner to pursue remedy, if any, available under the Act, this writ petition is closed.
VIJU ABRAHAM JUDGE
cks
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APPENDIX IN WP(C) NO.33659/2009
PETITIONER'S EXHIBITS
EXT.P1 TRUE COPY OF THE SALE DEED NO.698/2003 DATED 8.10.2003 OF KADAPRA SUB REGISTRY
EXT.P2 TRUE COPY OF THE RECEIPT ISSUED BY OIL PALM INDIA LTD. DATED 28.12.2005
EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 02.02.2009 BEFORE THE 2ND RESPONDENT
EXT.P4 TRUE COPY OF THE ORDER DATED 16.6.2009 PASSED BY THE 2ND RESPONDENT
EXT.P5 TRUE COPY OF THE LETTER DATED 07.07.2009 ISSUED BY THE 2ND RESPONDENT
EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 14.07.2009 BEFORE THE 2ND RESPONDENT
EXT.P7 TRUE COPY OF THE ORDER DATED 27.7.2009 OF THE 2ND RESPONDENT
RESPONDENTS' EXHIBITS:
NIL
1 issue framed by the court
Whether the order declining permission to construct bunds by bringing soil from outside the property, as the land is classified as a wetland under the Act, can be found fault with.
1 provisions across 1 enactments
ROSU SUNIL
STATE OF KERALA
THE REVENUE DIVISIONAL OFFICER THIRUVALLA
THE VILLAGE OFFICER NEDUMBRAM VILLAGE
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
