IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 12649 of 2009(A) -------------------------- PETITIONERS: --------------- K.V.MATHAI, KUZHUVELIPURATHU THURUTHEL HOUSE, THEVACKAL THURUTHEL ROAD, V.K.COLONY P.O., COCHIN - 682 021. BY ADV. SRI.JACOB MATHEW MANALIL SRI.P.R.MILTON RESPONDENTS: --------------- 1. THE SECRETARY, THRIKKAKARA PANCHAYATH, KAKKANADU, ERNAKULAM DIST. 2. RDO, FORT KOCHI, ERNAKULAM. 3. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANADU P.O., ERNAKULAM. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 5. SIRAJ MATHER, DIRECTOR, MATHER PROJECTS (P) LTD., RAJAJI ROAD, ERNAKULAM, KOCHI - 35. 6. JIMSON STEPHEN, PALLICKA HOUSE, KOTTAMAM, NEELESWARAM P.O., KALADY, PIN - 683 584. 7. MONCEN GEORGE, ASSARIYETHU PARAYAKUNNIL, THATTAKKADU, KOIPURAM P.O., CHENGANNUR. BY GOVT. PLEADER SRI.P.N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 12649 of 2009 -------------------------- Dated this the 25th May,2009 J U D G M E N T Petitioner claims to be an owner in possession of 15 Ares of paddy field and according to him he used to cultivate paddy in the said field. There is a thodu adjacent to the field and it facilitates cultivation. It is contended that the thodu itself is being filled and the varambu (pathway between the paddy fields) is also being converted for erection of boundary walls with boulders blocking the way to the petitioner's property. According to the petitioner, all the activities are being done in violation of the provisions of the Kerala Conservation of Paddy Lands and Wet Lands Act, 2008 and the Kerala Land Utilisation Order. He has brought the infraction to the notice of the District Collector vide Exhibit-P4 representation. He has approached this Court aggrieved by what is called as inaction on the part of the District Collector to take action. W.P ( C) No. 12649 of 2009 2 2. I heard learned Government Pleader also and have perused the averments in the writ petition as also Exhibit-P4, if any portion of the paddy field or the varambu is converted except under the orders of the competent authority under the Kerala Conservation of Paddy Lands and Wet Lands Act, Act 28 of 2008 or under the Kerala Land Utilisation Order, the District Collector and the Subordinate Officials who are competent in that regard are bound to take action in the matter. If the facts stated in Exhibit-P4 are correct, it merits emergent action by the District Collector either by himself or by any of his competent subordinate authority. Accordingly, the writ petition is disposed of directing the 3rd respondent, District Collector to either conduct an enquiry into Exhibit-P4 or cause the same to be conducted by a competent subordinate authority and see that action is taken within four weeks from the date of receipt of a copy of this judgment. If infraction of the provisions of Kerala Conservation of Paddy Lands and Wet Lands Act, Act 28 of 2008 and Kerala Land Utilisation order is made out, then W.P ( C) No. 12649 of 2009 3 suitable remedial action shall be taken by the District Collector or by the competent subordinate authority as the case may be. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 3rd respondent, for compliance. (V.GIRI,JUDGE) ma W.P ( C) No. 12649 of 2009 4 W.P ( C) No. 12649 of 2009 5