Omana K.K v. State of Kerala and Others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 6[TH] DAY OF MARCH 2024 / 16TH PHALGUNA, 1945 WP(C) NO. 23839 OF 2015 ``` ## **`PETITIONER:`** ``` OMANA K.K AGED 58 YEARS W/O.VENUGOPALA PILLAI, VENU NIVAS, PUNNAPRA NORTH PO, ALAPPUZHA 68804 BY ADV SRI.KALEESWARAM RAJ ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM 695001`** - **`2 DISTRICT COLLECTOR ALAPPUZHA PO, ALAPPUZHA 688001`** - **`3 PUNCHA SPECIAL OFFICER THATHAMPALLY PO, ALAPPUZHA 688013`** - **`4 ASSISTANT PUNCHA SPECIAL OFFICER THATHAMPALLY PO, ALAPPUZHA 688013`** - **`5 VILLAGE OFFICER PARVOOR VILLAGE, PUNNAPRA NORTH, ALAPPUZHA 688001`** - **`6 KANNANKURUDI PADASEKHARAN NALLULPADAKA SAMITHY REPRESENTED BY THE SECRETARY, KANNANKURADI PADASEKHARAN NELLULPADAKA SAMITHY, PARAVOOR VILLAGE, PUNNAPRA NORTH PO, ALAPPUZHA 688014`** - **`7 SUNITHA W/O.JAYANANDAN, ANCHIL HOUSE, PUNNAPRA NORTH PO, ALAPPUZHA 688014`** - **`8 K.P. DAYANANDAN S/O.PAPPU, RESIDING AT KOCHUPURACKEL, PUNNAPRA NORTH PO, ALAPPUZHA 688014`** - **`9 K.P.ANIRUDHAN S/O.PARAMESWARAN, RESIDING AT KALARITHARA HOUSE, PUNNAPRA PO, ALAPPUZHA DISTRICT`** - **`10 P.R. SUGUNAN S/O.RAMU, PALLITHARA HOUSE, PUNNAPRA NORTH PO, ALAPPUZHA 688014`** ``` BY ADV SRI.PEEYUS A.KOTTAM ``` WP(C).No.23839/2015 **2** ## **`OTHER PRESENT:`** ``` SRI RIYAL DEVASSY, GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C).No.23839/2015 **3** ## **P.V.KUNHIKRISHNAN, J. -------------------------------W.P.(C).No.23839 of 2015** **---------------------------------------------Dated this the 06[th] day of March, 2024** ## **JUDGMENT** This writ petition is filed with following prayers: - i. To issue a writ of certiorari quashing Exts.P1, P3, P6 and P8 as unjust, illegal arbitrary and unsustainable. - ii. To issue a writ of mandamus directing respondents to refrain from interfering with the petitioners activity of levelling the vachal, and laying the pipeline for irrigation and construction of compound wall around her property in R. S. No. 216/21, 216/10 and 216/12 of Paravoor Village (earlier Punnapra Village) in Ambalapuzha Taluk in Alappuzha district. iii. To issue a writ of mandamus directing the 5[th] respondent to grant the petitioner the permission to level the vachal and to lay pipeline for irrigation and to construct compound wall around her property in R. S. No.216/21, 216/10 and 216/12 of Paravoor Village (earlier Punnapra Village) in Amabalapuzha Taluk, Alappuzha district; iv. To issue a writ of mandamus directing WP(C).No.23839/2015 **4** respondents 1 to 5 to ensure that the respondents 6 to 10 or their men are not interfering with the action of the petitioner of levelling the vachal/thodu in her property in R. S. No. 216/21, 216/10 and 216/12 of Paravoor Village (earlier Punnapra Village) in Ambalapuzha Taluk, Alappuzha district and constructing boundary wall around the said property. - v. To issue a writ of mandamus directing 1st respondent to take a decision on Ext. P4 revision petition afresh within a time frame to be fixed by this Hon'ble Court. - vi. To declare that the complaint filed by the 6th respondent is a false complaint. - vii. To issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit on the facts and circumstances of the case. ## (SIC) 2. Petitioner is the owner of 62.50 ares of property comprised in Resurvey Nos.216/21, 216/10 and 216/12 of Paravoor Village in Ambalappuzha Taluk, Alappuzha District. Ext.P1, P3 and P6 orders are issued directing the petitioner not to level the private vachal which runs through her property. According to the petitioner, she wants to level the vachal so as to construct a boundary wall around her property. WP(C).No.23839/2015 **5** She filed Ext.P5 revision before the 1[st] respondent. The same is rejected by way of Ext.P8. Aggrieved by Exts. P1, P3, P6 and P8, this writ petition is filed. According to the petitioner, the vachal in question is constructed by the petitioner only for the irrigation of her paddy field. It is submitted that it is an exclusive private property of the petitioner. It is also the contention of the petitioner that respondents 6 to 10 can irrigate their paddy field through other vachal which includes a public vachal. The definite case of the petitioner is that she constructed the vachal exercising her right as a riparian owner. It is a private right is the submission. Therefore she has every right to level the said vachal is the further submission. It is also submitted that the impugned orders are passed without considering Ext.P5 judgment passed by the competent court. Therefore it is submitted that the petitioner's right to level the vachal is not in any way in conflict with any legal rights of the party respondents. Hence this writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. 4. This Court perused Exts.P1, P3, P6 and P8. Ext.P1 is the proceedings of the Puncha Special Officer, Alappuzha. WP(C).No.23839/2015 **6** The Puncha Special Officer considered all the aspects and rejected the contention of the petitioner. Ext.P3 is the order passed by the District Collector, Alappuzha. The District Collector also confirmed the order passed by the Puncha Special Officer. Ext.P6 is the proceedings of the Village Officer, Paravoor. Ext.P8 is the order passed by the Government considering all the contentions of the petitioner. It will be beneficial to extract the relevant portion of Ext.P8 order: “Government have examined the matter in detail and found that the District Collector, Alappuzha reported that the crop is raised in Kannankurudi Padasekharam by collective effort of farmers. Construction of boundary wall by levelling the 'vachal' will adversely affect the irrigational prospects of Padasekaram. The petitioner's paddy land cannot be treated as a separate entity as it is attached to a 'Padasekharam' which overseas group farming. The purview of Kerala Conservation of Paddy Land and Wet Land Act 2008 applies to all wet land in Kerala State. The petitioner is bound to comply with the provisions envisaged in the Kerala Conservation of Paddy Land and Wet Land Act 2008 that any water body tantamount to wetland. The petitioner's request will obstruct irrigation of other WP(C).No.23839/2015 **7** paddy lands and will violate provisions of the Kerala Conservation of Paddy Land and Wet Land Act 2008. On the basis of the above grounds, the review petition is rejected.” 5. After going through the impugned orders in this case, especially Ext.P8, I am of the considered opinion that the fact finding authority considered the matter in detail and there is nothing to interfere in the impugned orders. If any civil right of the petitioner is infringed, the petitioner is free to approach the civil court in accordance to law. Otherwise there is nothing to interfere with the impugned orders. 6. Therefore, it is made clear that, if any civil right of the petitioner is infringed, she is free to approach the competent civil court in accordance with law. With the above observation, this writ petition is disposed of. sd/- **P.V.KUNHIKRISHNAN JUDGE** JV WP(C).No.23839/2015 **8** ## **`APPENDIX OF WP(C) 23839/2015`** ## **`PETITIONER EXHIBITS`** ``` P1:TRUE COPY OF THE ORDER DATED 29.10.2013 ISSUED BY THE 3RD RESPONDENT P2:TRUE COPY OF THE APPEAL MEMORANDUM DATED 29.10.2013 ``` ``` P3:TRUE COPY OF THE ORDER DATED 11.06.2014 ``` ``` P4:TRUE COPY OF THE REVISION PETITION DATED 21.07.2014 BEFORE THE 1ST RESPPONDENT ``` ``` P5:TRUE COPY OF THE JUDGMENT DATED 31.10.2013 IN OS.NO.329/2009 ``` ``` P6:TRUE COPY OF THE STOP MEMO DATED 30.09.2013 ISSUED BY THE 5TH RESPONDENT P7:TRUE COPY OF THE JUDGMENT DATED 10.11.2014 IN WPC.NO.21068/2014 P8:TRUECOPYOFTHEGO(RT) NO.576/2015/WRD DATED 09.07.2015 ```