The High Court of Kerala allowed the writ petition quashing orders directing the petitioner to stop developmental activities on his property under the Kerala Conservation of Paddy Land and Wetland Act 2008, holding that the property was converted before the Act's introduction.
The impugned order no.525/2011 and the revision order dated 14.12.2012 are quashed.
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 SHAJI P.CHALY
FRIDAY, THE 11TH DAY OF NOVEMBER 2022 / 20TH KARTHIKA, 1944 WP(C) NO. 3193 OF 2013
PETITIONER:
JOSEPH VARGHESE AGED 55 YEARS NADUVILAPARAMBIL HOUSE, FRANKLIN GARDENS, KUTTIKKATTUKARA P.O., PIN-683 504. BY ADVS. SANTHOSH MATHEW ARUN THOMAS KARTHIKA MARIA ANIL SEBASTIAN PULICKEL ABI BENNY AREECKAL KURIAN ANTONY MATHEW
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM-695 001. 2 THE SECRETARY AGRICULTURAL DEPARTMENT, GOVERMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 3 THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM DISTRICT-682 001.
OTHER PRESENT:
r1 to 6 - sri.joby joseph,senior government pleader
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3193 of 2013
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SHAJI P CHALY, J
W.P.(C) No. 3193 of 2013
Dated this the 11th day of November, 2022
JUDGMENT
This writ petition is filed by the petitioner seeking to quash Ext.P10 order, passed by the Revenue Divisional Officer, Fort Kochi, apparently under Section 13 of the Kerala Conservation of Paddy Land and Wetland Act 2008 ( hereinafter referred as 'the Act, 2008), whereby, petitioner was directed to stop the developmental activities conducted in a paddy field. Being aggrieved, the said order was challenged in revision before the State Government and as per Ext.P14 order dated 14.12.2012 the order of the Revenue Divisional Officer is upheld. It is thus challenging the legality and correctness of Ext.P10 and P14 this writ petition is filed.
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Kadungallur village in Ernakulam district, is included in data bank constituted as per the provisions of the Act 2008. A detailed deliberation of matter in that regard is not required.
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passed by the Local level Monitoring Committee removing the property from the data bank.
documents produced, it is quite clear and evident that, in the land data bank itself it is included as property converted prior to the introduction of the Act 2008. In the Act 2008, a Local Level Monitoring Committee is constituted for the purpose of identifying paddy field, which are cultivated and paddy field which are cultivable but lying fallow. Therefore when the Act 2008 was introduce d, t he property in question was lying in a developed stage. Under no circumstances it can be believed that the said property could be included as a paddy field by the L ocal Level Monitoring committee. The proceedings as per section 13 of the Act 2008 can be taken by the statutory authority, if a paddy field is converted in violation of the provisions of the Act 2008. However, on the contrary the Local Level Monitoring committee itself has constituted a data bank stating that the property was converted prior to the year 2008.
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view of the matter, I am of the definite and considered opinion that, interference is required to Exts.P10 and P14 orders passed by the Revenue Divisional Officer as well as the State Government.
Accordingly, Exts. P10 and P14 are quashed. Added to this, after
the filing of the writ petition the property is also removed from the data bank as per Ext.P18.
Writ petition is allowed, with the above observation also.
Sd/- SHAJI P CHALY JUDGE
TR
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APPENDIX OF WP(C) 3193/2013
PETITIONER EXHIBITS
| Exhibit | P1 | TRUE COPY OF THE NOTICE NO.TC II/98-99/2/1 DATED 1/1/99 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUB DIVISION, KSEB, KALAMASSERY TO THE PETITIONER |
|---|---|---|
| Exhibit | P2 | TRUE COPY OF THE NOTICE NO.0855/AEE- TSOK/04-05-106 DATED 27.05.2004 OF THE ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION SUB DIVISION, KALAMASSERY. |
| Exhibit | P3 | TRUE COPY OF THE CHEQUE NO.100284 DATED 31.03.2004 DRAWN ON SBT, KALAMASSERY ISSUED BY KSEB TOWARDS COMPENSATION TO THE PETITIONER FOR RS.30,439/- |
| Exhibit | P4 | TRUE COPY OF THE CERTIFICATE IN THIS REGARD ISSUED BY AGRICULTURAL OFFICER, KRISHI BHAVAN, ELOOR DATED 17.03.2011 |
| Exhibit | P5 | TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KADUNGALLUR TO THE PETITIONER DATED 02.05.2011 |
| Exhibit | P6 SERIES | TRUE COPY OF THE PHOTOGRAPHS OF THE PROPERTY TAKEN FROM ALL THE FOUR SIDES |
| Exhibit | P7 | TRUE COPY OF THE COMMUNICATION NO.2294/IO/2011/GCDA DATED 19.04.2011 OBTAINED FROM THE GREATER COCHIN DEVELOPMENT AUTHORITY UNDER THE RIGHT TO INFORMATION ACT. |
| Exhibit | P8 | TRUE COPY OF THE ORDER NO.73/10 DATED 20.12.2010 OF VILLAGE OFFICER, KADUNGALLUR |
| Exhibit | P9 | TRUE COPY OF THE NOTICE NO.K525/11 DATED 31.03.2011 OF THE REVENUE DIVISIONAL OFFICER, FORTKOCHI |
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| Exhibit P10 | TRUE COPY OF THE TRUE COPY OF THE ORDER NO.525/2011(1) DATED 01.08.2011 OF THE REVENUE DIVISIONAL OFFICER, FORTKOCHI |
|---|---|
| Exhibit P11 | TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER UNDER SECTION 28 OF THE ACT DATED 03.10.2012 |
| Exhibit P12 | TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(c) NO.13744/2012 DATED 13.06.2012 |
| Exhibit P13 | TRUE COPY OF THE GOVERNMENT CIRCULAR NO.4545/RA1/11/LSGD DATED 22.01.2011 |
| Exhibit P14 | TRUE COPY OF THE ORDER PASSED BY THE GOVERNMENT DATED 14.12.2012 |
| Exhibit P16 | A TRUE COPY OF THE APPLICATION DATED 22-8- 2017 SUBMITTED BY THE PETITIONER BEFORE THE AGRICULTURAL OFFICER, ELOOR KRISHI BHAVAN. |
| Exhibit P17 | A TRUE COPY OF THE REPORT DATED 21-12-2018 SUBMITTED BY THE KERALA STATE REMOTE SENSING & ENVIRONMENT CENTRE TO THE AGRICULTURAL OFFICER, ELOOR KRISHI BHAVAN. |
| Exhibit P18 | A TRUE COPY OF THE ORDER NO.112/ELR 14/2018-19 ISSUED BY THE AGRICULTURAL OFFICER, ELOOR KRISHI BHAVAN. |
| Exhibit P19 | A TRUE COPY OF THE CERTIFICATE ISSUED BY THE ELOOR MUNICIPALITY DATED 04-02-2020 IN FAVOUR OF THE PETITIONER. |
2 issues framed by the court
Whether Section 13 of the Kerala Conservation of Paddy Land and Wetland Act can be invoked to stop developmental activities on a property already converted prior to the introduction of the Act.
Whether pitting development on property already recorded in the land data bank as converted before 2008 attracts the remedies of the Act.
1 provisions across 1 enactments
Joseph Varghease
State of Kerala
Secretary, Agricultural Department, Government of Kerala
Revenue Divisional Officer, Fort Kochi
Tahsildar, North Paravur
Agricultural Officer, Krishi Bhavan, Eloor
Shaji P Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
