P.M.SUKHILESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The Dharmadam Grama Panchayat purchased a land in the year 2008 to establish a public crematorium within the Panchayat. The land is having an extent of 20 cents in Dharmadam Village at Melur desom on the banks of the river Anjarakandy. The land was described as 'wetland' in the revenue records. In the settlement register, description of the land was shown as 'Nanja'. Under the Village Manual, 'Nanja' in Malabar area represents 'wetland'.

(2.) One Jinachandran A., a resident of Melur Village approached this Court in W.P.(C) No.11762/2010 alleging that no actions were taken by the District Collector against illegal reclamation of the land by the Panchayat in violation of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, the 'Paddy Act'). This Court directed the District Collector and the Revenue Divisional Officer to consider the complaint. An interim order passed in the case against reclamation was retained to continue till the decision is taken pursuant to the direction as above.

(3.) As directed by this Court, the District Collector heard the matter. The District Collector noting that the land in question is a wetland and no permission was obtained by the Panchayat from the Government as mandated under Section 10 of the Paddy Act, ordered the restoration of the reclaimed land.