High Court of KeralaSingle JudgeWrit petition dismissed

Suresh Kumar v. State of Kerala and Others

Case / Petition Number:WP(C).No. 12800 of 2012 (Y)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. V. Ramakrishna Pillai
Judgment Date
2014-03-18
Court Decision / Holding
Writ petition dismissed; no relief granted.
Final Disposition
Writ petition dismissed

Parties to the Case

Appellants / Petitioners

  • Suresh Kumar

Respondents

  • State of Kerala
  • Secretary, Ministry of Revenue, Government of Kerala
  • District Collector, Alappuzha
  • Revenue Divisional Officer, Alappuzha
  • Tahsildar, Cherthala
  • Village Officer, Mararikulam North Village, Alappuzha District
  • Mararikulam North Grama Panchayath
  • Agricultural Officer, Krishi Bhavan, Mararikulam North, Alappuzha District
  • Local Level Monitoring Committee, Mararikulam North Grama Panchayath
  • Shri Madhu V.D.
  • The Kerala State Electricity Board
  • The Executive Engineer, Kerala State Electricity Board, Divisional Office, Cherthala
  • Addl. Respondent R11
  • Addl. Respondent R12

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri M.P. Krishnan Nair
  • • Smt. Rajeswari Krishnan
  • • Sri V.B. Narayanan
  • • Sri AniYankunju Varghese
  • • Sri M.P. Harikumaran Pillai

Counsels for Respondents

  • • Sri P. Vijayaraghavan (State Attorney)
  • • Sri C.V. Manuvilsan
  • • Smt. P.K. Radhika (SC, KSEB)

Case Synopsis & Summary

The petition under Article 226 of the Constitution challenges the cancellation of a stop memo issued by the 7th respondent under the Kerala Conservation of Paddy Land and Wet Land Act, 2008, in respect of land described as Survey No. 460/4 in Mararikulam North Village. The petitioner, a resident of Mararikulam North, contends that the 10th respondent owns about 23.5 cents of paddy land and commenced filling the land and constructing a residential building without obtaining requisite permission, and that the District Level Monitoring Committee did not accord due process in the decision to cancel the stop memo. The petitioner asserts that despite filing complaints with the 6th respondent and the 2nd respondent, action was not effectively taken; when it learned of attempts to cancel the stop memo, the petitioner alleges the cancelling decision was made behind his back. The State’s counter affidavit claims timely action on complaints: a site inspection by the 4th respondent led to the finding that no fresh reclamation occurred and that the land had been reclaimed about 15 years ago, thus the 4th respondent had no authority to act under the Act. The court notes a Division Bench decision (Jafarkhan v. Kochumarakkar) that pre-Act conversions may not constitute violations, and emphasizes limited interference under Article 226 where the record supports the authority’s findings. Ultimately, the writ petition is dismissed as not establishing a violation of the Act or authority, and no relief is granted.

Provisions of Law Cited

Kerala Conservation of Paddy Land and Wet Land Act, 2008Right to Information Act, 2005Constitution of India, Article 226

Legal Doctrines & Maxims

  • Whatever be the conversions of paddy land or wet land made prior to the coming into force of the Act, cannot be said to be a violation of the Act.
  • Limited interference by the High Court under Article 226 where the factual findings of authorities are well supported by the record.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submitted that the cancellation of the stop memo by the 7th respondent, on the alleged recommendations of the Local Level Monitoring Committee, prevented action against the 10th respondent who had filled up paddy land and commenced construction. They argued that despite the District Collector forwarding complaints to the 4th respondent for a report, no decisive action was taken; the 4th respondent’s inspection allegedly showed prior reclamation dating back about 15 years, implying the 4th respondent lacked authority under the Act to intervene. They relied on the principle from Jafarkhan v. Kochumarakkar to contend that pre-Act conversions may not constitute violations, and urged the High Court to ensure effective enforcement under the Act.

Contentions of Respondents

The respondents contended that the District Collector referred the complaint to the Revenue Divisional Officer, who, after site inspection with the Village Officer, found no fresh reclamation and noted reclamation about 15 years ago — hence no authority under the Act to take action. They argued that the Act does not apply to pre-Act conversions and that the petitioner’s challenge to the cancellation of the stop memo is unfounded. They relied on the factual findings of the revenue authorities and asserted that interference under Article 226 is limited when records support the authority’s conclusions.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Jafarkhan v. Kochumarakkar2012(1) KLT 491PositiveThe court cites this Division Bench decision to support the view that conversions of paddy land or wet land prior to the Act may not constitute a violation, thereby limiting the scope of interference under Article 226.

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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 A.V.RAMAKRISHNA PILLAI** **TUESDAY, THE 18TH DAY OF MARCH 2014/27TH PHALGUNA, 1935** ## **WP(C).No. 12800 of 2012 (Y)** **----------------------------** **PETITIONER(S): --------------------------** **SURESH KUMAR, AGED 37 YEARS, S/O.M.V. PRABHAKARA KURUP, RESIDING AT JANAKI MANDIRAM, S.L. PURAM P.O., ALAPPUZHA DISTRICT- 688 523.** **BY ADVS.SRI.M.P.KRISHNAN NAIR, SMT.RAJESWARI KRISHNAN, SRI.V.B.NARAYANAN, SRI.ANIYANKUNJU VARGHESE, SRI.M.P.HARIKUMARAN PILLAI.** ## **RESPONDENT(S):** **----------------------------** ## **1. STATE OF KERALA,** - **REP. BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** **2. THE SECRETARY, MINISTRY OF REVENUE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.** **3. THE DISTRICT COLLECTOR, ALAPPUZHA - 688 001.** **4. THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA - 688 001.** **5. THE TAHSILDAR, TALUK OFFICE, CHERTHALA- 688 524.** **6. THE VILLAGE OFFICER, MARARIKULAM NORTH VILLAGE, ALAPPUZHA DISTRICT -688 549.** **7. MARARIKULAM NORTH GRAMA PANCHAYATH, REP. BY ITS SECRETARY, ALAPPUZHA DISTRICT - 688 549.** **8. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, MARARIKULAM NORTH, ALAPPUZHA DISTRICT- 688 549.** ## **WP(C).No. 12800 of 2012 (Y)** ## **9. LOCAL LEVEL MONITORING COMMITTEE, MARARIKULAM NORTH GRAMA PANCHAYAT, ALAPPUZHA DISTRICT- 688 549.** ## **10. SHRI MADHU. V.D., AGED 40 YEARS,** - **S/O.DAMODARAN PILLAI, NORTH CHAKKALAYIL MARARIKULAM, S.L. PURAM P.O., ALAPPUZHA DISTRICT- 688 523.** - **ADDL. R11 & R12 IMPLEADED** **11. THE KERALA STATE ELECTRICITY BOARD, VIDYUTH BHAVAN, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY.** **12. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, DIVISIONAL OFFICE, CHERTHALA.** - **ADDL. R11 & R12 ARE IMPLEADED AS PER ORDER DATED 15.07.2013 IN I.A. NO.9333/2013.** **R1 TO R6 BY SRI.P. VIJAYARAGHAVAN, STATE ATTORNEY.** **R10 BY ADVS. SRI.C.V.MANUVILSAN,** **R11 & R12 BY ADV. SMT.P.K.RADHIKA, SC, KSEB.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-03-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **rs.** ## **WP(C).No. 12800 of 2012 (Y)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:-** **EXHIBIT-P1 - TRUE COPY OF THE SALE DEED NO.413/09.** - **EXHIBIT-P2 - TRUE COPY OF THE TAX RECEIPT DATED 28.09.2011** - **EXHIBIT-P3 - TRUE COPY OF THE COMPLAINT DATED 23-02-2012 SUBMITTED BY THE PETITIONER TO THE 7TH RESPONDENT** - **EXHIBIT-P4 - TRUE COPY OF THE RECEIPT DATED 23.02.2012 ISSUED BY THE 7TH RESPONDENT.** - **EXHIBIT-P5 - TRUE COPY OF THE REPRESENTATION DATED 27-02-2012 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.** - **EXHIBIT-P6 - TRUE COPY OF THE APPLICATION DATED 16-03-2012 SUBMITTED BY THE PETITIONER UNDER RTI TO THE 7TH RESPONDENT** - **EXHIBIT-P7 - TRUE COPY OF THE RECEIPT DATED 16-03-2012 ISSUE BY THE 7TH RESPONDENT.** - **EXHIBIT-P8 - TRUE COPY OF THE LETTER DATED 31.03.2012 ISSUED BY THE 7TH RESPONDENT.** - **EXHIBIT-P9 - TRUE COPY OF THE APPLICATION DATED 20.03.2012 SUBMITTED BY THE PETITIONER UNDER RTI TO THE 6TH RESPONDENT.** - **EXHIBIT-P10- TRUE COPY OF THE LETTER DATED 19-04-2012 ISSUED BY THE 6TH RESPONDENT.** - **EXHIBIT-P11- TRUE COPY OF THE REPRESENTATION DATED 23-04-2012 SUBMITTED BY THE PETITIONER'S MOTHER TO THE 6TH RESPONDENT.** - **EXHIBIT-P12- TRUE COPY OF THE REPRESENTATION DATED 24-03-2012 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.** - **EXHIBIT-P13 - TRUE COPY OF THE LETTER DATED 24-03-2012 ISSUED BY THE 3RD RESPONDENT.** - **EXHIBIT-P14- TRUE COPY OF THE COMPLAINT DATED 01/10/2012 BEFORE THE ASSISTANT ENGINEER, ELECTRICAL SECTION, ARTHUMKAL, CHERTHALA.** - **EXHIBIT-P15- TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RTI ACT.** **WP(C).No. 12800 of 2012 (Y)** **EXHIBIT-P15A-TRUE COPY OF THE REPLY RECEIVED FROM THE ELECTRICITY OFFICE UNDER RTI ACT.** **RESPONDENT'S EXHIBITS:-** **EXT.R10A COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 25/11/2011. EXT.R10B COPY OF THE NO OBJECTION CERTIFICATE. EXT.R10C COPY OF THE RESIDENTIAL /OWNERSHIP CERTIFICATE WAS ISSUED BY THE MARARIKULAM NORTH GRAMA PANCHAYATH. EXT.R10D COPY OF THE ACKNOWLEDGMENT FOR BUILDING PERMIT APPLICATION .** **//TRUE COPY//** **P.A. TO JUDGE** **rs.** ## **A. V. RAMAKRISHNA PILLAI, J.** **- - - - - - - - - - - - - - - - - W.P.(C). No.12800 of 2012** **- - - - - - - - - - - - - - - - Dated this the 18[th] day of March, 2014.** ## **JUDGMENT** Aggrieved by the cancellation of stop memo issued by the 7[th] respondent against the 10[th] respondent, the petitioner has came up before this Court for a direction to respondents 3 to 7 to take appropriate action against the 10[th] respondent for filling up of paddy land in Survey No. 460/4 of Mararikulam North Village under the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. 2. Petitioner is a resident of Mararikulam North Village. 10[th] respondent is the owner of 23.5 cents of land. According to the petitioner, the said property is a paddy land. The petitioner alleges that originally, the 10[th] respondent filled up 5 cents of paddy land and constructed a residential building without obtaining the permission of the District Level Monitoring Committee mentioned in the Act and thereafter, the 10[th] respondent again began to fill up the remaining portion of the paddy land. The petitioner alleges that at this point of time, he filed complaints to the 6[th] respondent against the filling W.P.(C) No. 12800/2012 : 2 : up of the paddy land and thereafter a stop memo was issued by the 7[th] respondent. The petitioner further alleges that when he came to know that the 10[th] respondent was making attempts to get the stop memo cancelled, a complaint was preferred to the 2[nd] respondent against the filling up of the paddy land. According to the petitioner, by this time, the 10[th] respondent had filled up about 10 cents of paddy land and started construction of a foundation in about 10 cents of land. Later, he enquired the matter with the Secretary of 7[th] respondent who informed that the stop memo was cancelled on the recommendation of the Local Level Monitoring Committee. According to the petitioner, the stop memo was issued behind the back of the petitioner. It is in this context the petitioner has came up before this Court. 3. In the counter affidavit filed by the respondent/State, it was contended that the complaint addressed to the District Collector was forwarded to the W.P.(C) No. 12800/2012 : 3 : 4[th] respondent, the Revenue Divisional Officer, who on receiving the said complaint took timely action. It was contended that on site inspection by the 4[th] respondent along with the Village Officer, it was seen that there was no fresh reclamation on the land in dispute and the land was reclaimed about 15 years ago. Therefore, it was contended that the 4[th] respondent has no authority to take action against the respondent under the provisions of the Act. 4. Arguments have been heard. The learned counsel for the petitioner would submit that though the District Collector has forwarded the complaint of the petitioner to the 4[th] respondent, the Revenue Divisional Officer for a report, no action was taken. It is denied by the respondent/State in their counter affidavit. The definite stand taken by the respondent/State is that the Revenue Divisional Officer himself has inspected the property in dispute and found that the same was reclaimed 15 years ago. A Division Bench of this Court in W.P.(C) No. 12800/2012 : 4 : **Jafarkhan v. Kochumarakkar -** 2012(1) KLT 491 observed that whatever be the conversions of paddy land or wet land made prior to the coming into force of the Act, cannot be said to be a violation of the Act. Here, the Revenue Divisional Officer obtained a report which reveals that the property in question was reclaimed before the coming into force of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. As the concerned authority has entered into a definite finding on the question of conversions, the interference of this Court in exercise of power under Article 226 of the Constitution of India is little. Therefore, this writ petition fails and accordingly it is dismissed. **sd/- A. V. RAMAKRISHNA PILLAI, JUDGE.** rv W.P.(C) No. 12800/2012 : 5 :