High Court of KeralaSingle JudgeWith these observations and directions, the abo...

Anandan v. District Collector, Alappuzha and Others

Case / Petition Number:WP(C) No. 16569 of 2020 (U)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Alexander Thomas
Judgment Date
2020-08-25
Court Decision / Holding
The court directed the 3rd respondent Tahsildar to conduct an effective inspection with prior notice to the petitioner and contesting respondents 5–11, and to assess whether the property qualifies as wetland under Section 2(xviii) of the 2008 Act and whether respondents 5–11 have unlawfully reclaimed or converted such wetlands under Section 11(i). The 2nd respondent RDO is to provide a hearing and prepare a report within one month to the 1st respondent District Collector, considering whether reclamation or adverse action under Section 13 is warranted. The 1st respondent District Collector will then consider the matter, take due notice of the inspection report and hearing, and, if justified, may pass orders under Section 13 within six weeks. If the Ext.P-1 stop memo remains in force, it must be enforced until lawfully vacated or modified. The court clarified that merits are not being decided and that certified copies of the judgment and exhibits must be provided to the parties. The petition is finally disposed of in light of these directions.
Final Disposition
With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.

Parties to the Case

Appellants / Petitioners

  • Sri Anandan

Respondents

  • District Collector, Collect orate, Alappuzha
  • Revenue Divisional Officer, Chengannur
  • Tahsildar, Karthikappally, Haripad, Alappuzha
  • Sub Inspector of Police, Thrikkunnappuzha
  • Sali, S/O Hassankutty
  • Pavithran, S/O Govindan
  • Mujeeb Rahman, S/O Abdul Azeez
  • Najee b, S/O Abdul Azeez
  • Chithra, W/O Dhanesh
  • Rahmath, W/O Sali
  • Sujatha Babu, Subin Bhavan, Pallana

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri John K. George
  • • Adv.

Counsels for Respondents

  • • Sri K.J. Manu Raj, Government Pleader

Case Synopsis & Summary

Anandan, an ex-service man residing at Pallana in Alappuzha district, filed this writ petition challenging alleged reclamation of wetlands by private respondents 5 to 11. The petition asserts that these respondents engaged tipper lorries and JCBs on 23.03.2020 to fill water channels that pass through private properties, with the aim of developing land and selling it as small plots. Although a stop memo was issued by the 3rd respondent (Tahsildar) on the night of 23.03.2020, there remains a real concern that the reclamation activity may recommence. The petitioner and local residents submitted Ext.P-2 (representation dated 27.06.2020) and Ext.P-1 (the stop memo), seeking action to stall the alleged unlawful reclamation and to ensure compliance with the stop memo. The court, noting the averments and contentions, issued interim directions aimed at a fact-finding process rather than deciding the merits. It directed the 3rd respondent Tahsildar to conduct an effective inspection with prior notice to the petitioner and contesting respondents 5 to 11, and to verify whether the subject land qualifies as wetland under Section 2(xviii) of the Kerala Wetlands Act, 2008, and whether it has been reclaimed or converted under Section 11(i). The 2nd respondent RDO must hear the parties and prepare a report to the District Collector within one month, considering the wetland status and any adverse action under Section 13. The District Collector, after due hearing and considering reports, may decide on whether adverse action is warranted under Section 13, within a six-week timeframe. If the Ext.P-1 stop memo remains in force, it shall be strictly enforced until legality is determined. The court clarified that it is not adjudicating the merits but directing action in accordance with law. Certified copies of the judgment must be furnished to the respondents. The petition stands disposed of with these directions.

Provisions of Law Cited

Section 2(xviii) of the 2008 ActSection 11(i) of the 2008 ActSection 13 of the 2008 ActAmendment to Section 13 of the Act effective from 30.12.2017

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner argues that private respondents 5 to 11 are reclaiming wetlands by filling water channels passing through private properties at Pallana, Alappuzha, using tipper lorries and JCBs. Ext.P-2 (representation dated 27.06.2020) and Ext.P-1 (stop memo dated 23.03.2020) establish a prima facie case for urgent action. Petitioner seeks a mandamus directing Respondents 1–3 to act on Ext.P-2 and to ensure compliance with Ext.P-1, and requests appropriate writ relief. The argument centers on preventing unlawful reclamation of wetlands under the Kerala Wetlands Act, 2008, and obtaining due process in the enforcement of the stop memo.

Contentions of Respondents

Respondents contend that the matter requires a regulatory approach under the Kerala Wetlands Act, 2008. They note the existence of Ext.P-1 stop memo and emphasize that any action must be taken strictly in accordance with law. They rely on the authority of the Tahsildar and the District Collector under the amended framework (noting that the District Collector has the sole authority to initiate and finalize adverse action under Section 13). They request that the court refrain from deciding the merits at this stage and allow the statutory process, including inspection, hearing, and reporting, to unfold before taking any final action.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942** ## **WP(C).No.16569 OF 2020(U)** ## **PETITIONERS:** **SRI.ANANDAN, AGED 74 YEARS, VADACHIRAYIL HOUSE, PANOOR MINI, PALLANA P.O., THRIKKUNNAPPUZHA, PIN-690 515.** **BY ADV. SRI.JOHN K.GEORGE** ## **RESPONDENTS:** - **1 THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA, PIN-688 001.** - **2 THE REVENUE DIVISIONAL OFFICER, CHENGANNUR, PIN-689 121.** - **3 THE TAHSILDAR, KARTHIKAPPALLY, HARIPAD, ALAPPUZHA, PIN-690 514.** - **4 THE SUB INSPECTOR OF POLICE, THRIKKUNNAPPUZHA, PIN-690 515.** - **5 SRI.SALI, S/O. HASSANKUTTY, CHAKKALA VADAKKATHIL HOUSE, PALLANA P.O., ALAPPUZHA, PIN-690 515.** - **6 SRI.PAVITHRAN, S/O. GOVINDAN, KANNEPPARAMBIL HOUSE, PALLANA P.O., ALAPPUZHA, PIN-690 515.** - **7 SRI.MUJEEB RAHMAN, S/O. ABDUL AZEEZ, ATLAS HOUSE, AMBALAPPUZHA P.O., PIN-688561.** - **8 SRI.NAJEEB, S/O. ABDUL AZEEZ, SHEEJA MANZIL, PALLANA P.O., AMBALAPPUZHA, PIN-690 515.** - **9 SMT.CHITHRA, W/O. DHANESH, KADAVIL PARAMBIL, PALLANA P.O., ALAPPUZHA, PIN-690 515.** - **10 SMT.RAHMATH, W/O. SALI, CHAKKALA VADAKKATHIL HOUSE, PALLANA P.O., ALAPPUZHA, PIN-690 515.** - **11 SMT.SUJATHA BABU, SUBIN BHAVAN, PALLANA P.O., ALAPPUZHA, PIN-690 515.** ## **SRI K J MANURAJ, GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P. © No. 16569/2020 ..2.. ALEXANDER THOMAS, J. --------------------------------------W.P. © No. 16569 of 2020 --------------------------------------Dated this the 25[th] day of August, 2020 ## J U D G M E N T The case set up in this Writ Petition (Civil) is as follows: _The petitioner is an ex-service man who is conducting a peaceful retired life at Pallana in Alappuzha district. It is a low lying wherein there are area several water channels passing through private properties as well. Respondent No. 5 to 11 own about 3 acres of land at Pallana. They have hatched a plan to fill up all the channels passing in and around their properties so as to develop it and sell it as small building plots. The party respondents had engaged tipper lorries, JCB etc, so as to reclaim the channels on 23/03/2020. The above illegal act was brought to the notice of respondent's 1 to 3 and the 3[rd] respondent has issued a stop memo on respondents 5, 7and 8 on the night of 23/03/2020. Though the illegal reclamation was halted the party respondents may complete their activity at any time. Therefore, petitioner as also the local people had filed a_ W.P. © No. 16569/2020 ..3.. _representation before the respondents 1 to 3 to take necessary steps to stall the further illegal act. Since no action was taken this writ petition is filed._ It is in the light of the abovesaid averments and contentions that the petitioner has filed the instant Writ Petition (Civil) with the following prayers: “ _i. Issue a writ of mandamus directing respondents 1 to 3 to take immediate action on ext.P2 representation. ii. Direct the 4[th] respondent to ensure due compliance of ext.P1 stop memo issued by the revenue authorities. And iii. To issue any other writ, order or direction this Hon'ble Court deem fit in the nature and circumstance of this case.”_ 2. Heard Sri.John K.George, learned counsel appearing for the petitioner and Sri.K.J.Manu Raj, learned Government Pleader appearing for respondents 1 to 4. In the nature of the order proposed to be passed in this petition, notice to respondents 5 to 11 will stand dispensed with. 3. Taking note of the facts and circumstances of the case and without getting into the merits of the controversy in any manner the following directions and orders are passed : - i. The 3[rd] respondent Tahsildar will ensure that an effective inspection is made either personally or through the Village Officer concerned on the matters raised in Ext.P-2 representation dated 27.6.2020 and W.P. © No. 16569/2020 ..4.. with prior notice to the petitioner and contesting respondents 5 to 11, and may also ascertain the nature of subject property in the Basic Tax Register, Draft Data Bank/Final Data Bank, and as to whether the subject property would fulfil the definition of wetland as per Section 2(xviii) of the 2008 Act, as contended by the petitioner and also as to whether respondents 5 to 11 have unlawfully reclaimed or converted such wetland as conceived as per Section 11(i) of the 2008 Act, and inspection report in that regard should be duly submitted by the 3[rd] respondent Tahsildar to both the 2[nd] respondent RDO and the 1[st] respondent District Collector. Copies of inspection report should be given by the 3[rd] respondent Tahsildar to both the petitioner and contesting respondents 5 to 11. ii. Thereafter, the 2[nd] respondent RDO will afford reasonable opportunity of being heard to the petitioner and contesting respondents 5 to 11 and may consider various aspects raised in Ext.P-1 representation, and after due regard to the submissions of both sides as well as contents of abovesaid inspection report, may give a considered report in the matter to the 1[st] respondent District Collector as to whether the case involves any reclamation or conversion of wetland as per Section 11(i) of the Act as alleged by the petitioner, W.P. © No. 16569/2020 ..5.. and also as to any adverse action by the 1[st] respondent District Collector in terms of Section 13 of the Act is really justified and warranted in the facts and circumstances of this case. Report in this regard should be duly given by the 2[nd] respondent RDO within one month from the date of receipt of copy of inspection report as afore directed. Copy of report of 2[nd] respondent RDO should be given to both the petitioner and contesting respondents 5 to 11. - iii.In that regard the respondents shall bear in mind that, after the amendment made to Section 13 of the Act effective from 30.12.2017, the sole authority to initiate and finalize adverse action in terms of Section 13 of the Act is the District Collector of the district concerned, and such concurrent power is not available to the RDO. - iv. Thereafter, the 1[st] respondent District Collector will take up for consideration the matters raised in Ext.P-1 representation, and after affording reasonable opportunity of being heard to the petitioner and contesting respondents 5 to 11 and after taking due note of inspection report of the 3[rd] respondent Village Officer as well as the report of the 2[nd] respondent RDO, may take a considered decision as to whether W.P. © No. 16569/2020 ..6.. adverse action in terms of Section 13 of the Act is warranted and justified, and may pass orders accordingly without much delay preferably within a period of 6 weeks from the date of receipt of the report of the 2[nd] & 3[rd] respondents as afore directed. Copy of the proceedings so issued by the 1[st] respondent should be given to the petitioner and respondents 5 to 11. - v. In the meanwhile it is further ordered that, in case Ext.P-1 stop memo dated 23.3.2020 issued by the Village Officer concerned has not been vacated modified or revoked in the manner known to law, then respondents 1 to 4 will ensure that the directives in Ext.P-1 stop memo shall be strictly enforced. 4. It is made clear that this Curt has not entered into the merits of the controversy in any manner, and it is for the competent respondent officials concerned to consider various relevant aspects of the matter, and then take decision in the matter strictly in accordance with law. 5. The petitioner will produce certified copy of this judgment along with copy of memorandum of this WP(C) with all exhibits before respondents 1 to 4 and the Village Officer W.P. © No. 16569/2020 ..7.. concerned for necessary information and further action. 6. Registry will forward certified copies of this judgment to respondents 5 to 11, at the cost of the petitioner. With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of. Sd/- ALEXANDER THOMAS, JUDGE MMG W.P. © No. 16569/2020 ..8.. ## **APPENDIX** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPYOF THE STOP MEMO ISSUED THROUGH THE VILLAGE OFFICER THRIKKUNNAPPUZHA DATED 23.3.2020.** **EXHIBIT P2** **A TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER ON 27.6.2020 TO THE RESPONDENTS NO.1 TO 3.**