Dismissed

Paristhithi Samrakshana Samithi v. the State of Kerala

Kerala HC11 Mar 2022WP(C)/3574/2019

Case brief

AI extract

What is this about?

Public interest writ petition filed by an educational society challenging inaction of State authorities in publishing paddy land data banks under the Kerala Conservation of Paddy Land and Wetland Act, 2008. The court directed the Local Level Monitoring Committee to consider a pending representation regarding land classification disputes.

What did the court decide?

Directed the 3rd Respondent to consider and pass orders on a pending representation within two months; refused directions to State for publishing remaining data banks.

Paristhithi Samrakshana Samithi Vs the State of… — Environment and Pollution | Kerala HC (2022)

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W. P. (C) No. 3574 of 2019 -1-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 11^TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943 WP(C) NO. 3574 OF 2019

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PETITIONER/S:

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PARISTHITHI SAMRAKSHANA SAMITHI MUTHALAKODAM (REG.NO.I 228/04)REPRESENTED BY ITS PRESIDENT MR.N.U. JOHN, S/O. ULAHANNAN, AGED 64 YEARS, NEDUMKALLEL, MUTHALAKODAM P.O, THODUPUZHA, IDUKKI DISTRICT, PIN-685605. BY ADVS. DAISY A.PHILIPOSE SRI.JAI GEORGE

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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2 THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM, PIN-695001.

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3 LOCAL LEVEL MONITORING COMMITTEE. THODUPUZHA MUNICIPALITY, REPRESENTED BY ITS CHAIRMAN-685584.

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OTHER PRESENT:

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SRI.S.RENJITH, SPL. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W. P. (C) No. 3574 of 2019 -2-

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J U D G M E N T

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S. Manikumar, C.J.

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Instant public interest writ petition is filed by Paristhithi Samrakshana Samithi, a Society registered under the Travancore – Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, for the following reliefs:-

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“i) issue a writ of mandamus directing the respondents no.1 and 2 to publish the data banks in all the local self Government Institutions in the State of Kerala as per section 5 [4] of the Kerala Conservation of Paddy Land and Wetland Act, 2008, expeditiously;

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ii) issue a writ of mandamus directing the 3^rd respondent to conduct an inspection of the paddy lands, mentioned in Exhibit-P2 and P3 and to make necessary corrections in ExhibitP1 data bank, expeditiously;

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iii) Issue a writ of mandamus directing the 3^rd respondent to consider and pass orders on Exhibit-P2 representation, immediately.”

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Brief facts leading to the filing of the writ petition are as

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hereunder:-

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W. P. (C) No. 3574 of 2019 -3-

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a) Petitioner is aggrieved by the inaction on the part of the State of Kerala, represented by the Principal Secretary to Government, Department of Revenue, Thiruvananthapuram, the 1^st respondent, in publishing the Data Banks in 294 Panchayats in the State, which would defeat the purpose of the Kerala Conservation of Paddy Land and Wetland Act, 2008.

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b) Petitioner has submitted that as per the Kerala Conservation of Paddy Land and Wetland Act, 2008, in each Panchayat or Municipality, the Local Level Monitoring Committee has to prepare the Data Bank, with the details of cultivable paddy land, within the area of jurisdiction of the Committee, with the help of the map prepared or to be prepared by the State Land Use board or CentreState Science and Technology institutions, and to get it notified by the concerned Panchayat or Municipality or Corporation. However, even after 10 years of the enactment, out of the 1076 Local Self Government Institutions, only 782 have published the data bank, and 294 Local Self Government Institutions did not publish the same.

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c) Petitioner has further submitted that in the draft Data Bank published in respect of Thodupuzha Village, there are so many

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W. P. (C) No. 3574 of 2019 -4-

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mistakes, and the paddy lands which are being cultivated, are shown as converted land. Pointing out such mistakes in the Data Bank of Thodupuzha Village, the petitioner Society has submitted a representation dated 30.06.2017 before the Local Level Monitoring Committee, Thodupuzha Municipality, the 3^rd respondent. However, till this date, no further action was taken on the representation submitted by the petitioner.

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That apart, at paragraph No. 3 of the statement of facts filed along with the writ petition, it is averred in the counter affidavit filed by respondents in W. P. (C) No. 39694 of 2018, that as on 25.01.2019,

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Data Banks have been published, after complying with provisions of Section 5(4) of the Kerala Conservation of Paddy Land and Wetland Act, 2008, in respect of the lands within 782 Krishi Bhavans out of 1076 Krishi Bhavans.

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Contention has also been made by the petitioner that in respect of Ext. P1 draft Data Bank, there are so many mistakes, and the paddy lands which are being cultivated, are shown as converted land. In Sl. Nos. 277, 279-285, 284, 285, 297, 298, 300-303, 310, 311, 313, 317, 320, 326-329, 334, 335, 363, 364, 366, 367, 380-386,

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W. P. (C) No. 3574 of 2019 -5-

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388-390, 478, 480, 481, 620, 622, 623, 625-630, 646, 654, 660, 664,

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and 665, paddy lands have been cultivated even in 2014 - 2015.

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On the above facts, instant writ petition has been filed for the reliefs stated supra.

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On the basis of the instructions received from the Agricultural Field Officer, Municipal Krishi Bhavan, Thodupuzha, Mr. S. Ranjith, learned Special Government Pleader, submitted that Ext. P1 Data Bank published is a Draft Data Bank in the Thodupuzha Municipal area; on the basis of the complaints received; the matter was referred to KSREC for enquiry, and after enquiry and conducting the satellite survey, it is reported that many of the paddy fields shown in the complaint are remaining as paddy fields, and recommendations are made to include the same in the Data Bank.

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Placing on record the above, relief Nos. 1 and 2 sought for cannot be granted.

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Further, when the writ petition was filed in 2019, averment has been made to the effect that out of 1076 Krishi Bhavans, Data Banks been published for 782 Krishi Bhavans, and at this length of time, it could be reasonably presumed that Data banks would have

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W. P. (C) No. 3574 of 2019 -6-

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been published in respect of the other Local Self Government Institutions also.

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However, on the facts and circumstances of this case, we are of the view that it is suffice to issue a direction to the Local Level Monitoring Committee, Thodupuzha Municipality, represented by its Chairman, the 3^rd respondent, to consider and pass orders on Ext. P2 representation dated 30.06.2017, in accordance with law, if received and still pending on the file of the said respondent, within two months from the date of receipt of a copy of this judgment.

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With the above directions, writ petition is disposed of.

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Sd/S. MANIKUMAR CHIEF JUSTICE

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Sd/-

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SHAJI P. CHALY JUDGE

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

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W. P. (C) No. 3574 of 2019 -7-

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APPENDIX OF WP(C) 3574/2019

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PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE RELEVANT EXTRACT OF THE DRAFT DATA BANKIN RESPECT OF THODUPUZHA VILLAGE, WITH TRANSLATION. EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED 30/6/2017, SUBMITTED BY THE PETITIONER ORGANIZATION BEFORE THE 3RD RESPONDENT WITH TRANSLATION. EXHIBIT P3 THE DETAILS OF THE PADDY LANDS WHICH ARE BEING CULTIVATED AND MISTAKENLY SHOWN AS CONVERTED LAND IN EXHIBIT-P1 DRAFT DATA BANK.

Paristhithi Samrakshana Samithi v. the State of Kerala

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Paristhithi Samrakshana Samithi v. the State of Kerala

Case brief

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