Disposed

Ravichandran v. State of Kerala

Kerala HC7 Aug 2023WP(C)/22178/2021

Case brief

AI extract

What is this about?

This writ petition challenged a Stop Memo issued by the Village Officer under the Kerala Conservation of Paddy Land and Wetland Act, 2008. The Court directed the Village Officer to consider the petitioner's reply and conclude proceedings within one month after granting a hearing opportunity.

What did the court decide?

Directed the 6th respondent-Village Officer to consider the petitioner's Ext.P10 reply and conclude Ext.P9 proceedings within one month after giving an opportunity of hearing.

Ravichandran Vs State of Kerala — Land Acquisition | Kerala HC (2023)

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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 N.NAGARESH

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MONDAY, THE 7^TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945

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WP(C) NO. 22178 OF 2021

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PETITIONER:

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RAVICHANDRAN

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AGED 55 YEARS, S/O. KRISHNAN EZHUTHASSAN, KOOTTUPPARA HOUSE, KAVASSERI P.O., PALAKKAD DISTRICT-678 543.

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BY ADVS. K.MOHANAKANNAN H.PRAVEEN (KOTTARAKARA)

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM-695 001.

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2 THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD-678 001.

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3 THE REVENUE DIVISIONL OFFICER, PARAKKUNNAM, VIDYUT NAGAR, PALAKKAD, KERALA-678 001.

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4 THE TAHSILDAR ALATHUR, PALAKKAD-678 541.

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5 LOCAL LEVEL MONITORING COMMITTEE ALATHUR, REP BY ITS CONVENOR, AGRICULTURAL OFFICER, ALATHUR PALAKKAD DISTRICT,-678 541.

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6 VILLAGE OFFICER, PUTHUCODE VILLAGE OFFICE, PALAKKAD DISTRICT-678 687.

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W.P.(C) No.22178 of 2021

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Addl.R7 GIRIJA, AGED 50 YEARS, W/O.RAJAN, CHERUKULANGARA HOUSE, PLAZHI, THEKKEPOTTA PO, PUTHUKKODE, ALATHUR TALUK, PALAKKAD – 678687.

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[ADDITIONAL 7TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 07.08.2023 IN I.A.NO.2/2022.]

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BY ADVS. K M RESHMI, GOVERNMENT PLEADER BABY MATHEW

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.22178 of 2021

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J U D G M E N T

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Dated this the 7^th day of August, 2023

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The petitioner is aggrieved by Ext.P9 Stop Memo issued by the Village Officer. Ext.P9 alleges violation of the provisions contained in the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Rules made thereunder.

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The petitioner would submit that the petitioner is cultivating the land in question. There were bunds on the sides of the paddy land where coconut trees were planted. In order to retain the strength of the bund, the petitioner planted a few more coconut saplings, removing the existing coconut trees. At that stage, Ext.P9 Stop Memo has been issued by the Village Officer. Ext.P9 Memo is highly illegal and arbitrary. The petitioner, as part of paddy cultivation, is entitled to strengthen the bunds and for

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that purpose to plant coconut trees. It cannot be treated as

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W.P.(C) No.22178 of 2021

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conversion and Stop Memo cannot be issued against the activity, which is part of paddy cultivation activity.

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Government Pleader entered appearance and submitted that the saplings were planted by the petitioner in the bund adjacent to the paddy land. The existence of coconut trees in the bund earlier, is also admitted.

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Taking into consideration the above facts, I am of the view that the Village Officer has to consider Ext.P10 reply submitted by the petitioner and take appropriate decision with regard to Ext.P9 Stop Memo as expeditiously as possible.

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The writ petition is hence disposed of directing the 6^th respondent-Village Officer to consider Ext.P10 objection filed by the petitioner and conclude Ext.P9 proceedings, within a period of one month after giving an opportunity of hearing to the petitioner.

Sd/-

N. NAGARESH

JUDGE

ams

W.P.(C) No.22178 of 2021

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APPENDIX OF WP(C) 22178/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE DOCUMENT NO.2963/2008 OF SRO ALATUR DATED 10.6.2008 Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE IN RESPECT OF THE PROPERTY COVERED BY B SCHEDULE I EX.PT DATED 4.5.2020 Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT OF THE PROPERTY COVERED BY EXT P1 DATED 16.7.2021 Exhibit P4 TRUE COPY OF THE DOCUMENT NO.2257/92 OF SRO ALATHUR Exhibit P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 28.5.2021 Exhibit P6 TRUE COPY OF THE BASIC TAX RECEIPT 26.7.2021 Exhibit P7 TRUE COPY OF THE RECEIPT ISSUED BY SUPPLYCO DATED 19.4.2020 Exhibit P8 TRUE COPY OF THE RECEIPT ISSUED BY SUPPLYCO DATED 29.10.2020 Exhibit P9 TRUE COPY OF THE ORDER ISSUED BY THE 5TH RESPONDENT VILLAGE OFFICE NO.4/21 DATED 16.7.2021 Exhibit P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT ON 19.7.2021

Ravichandran v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ravichandran v. State of Kerala

Case brief

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