SUBRAMONIAN NAMBOOTHIRI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) An interesting question arises for consideration in this case, it is about the widening of existing 'chiravaramba' in a paddy land. Chiravaramba the way used for the beneficial enjoyment of a paddy land. The point is whether the act of widening would attract the proceedings under Sec.13 of the Kerala Conservation of Paddy Land and wetland Act 2008.

(2.) The facts are not in much dispute. The petitioner - Subramonian Namboothiri owned 2.18 acres of land in Re.Sy.No.187/1 of Mangalam Village. Pending writ petiton, Subramonian Namboothiri died. His legal heir is proceeding the case now. Admittedly, the land is being cultivated with paddy. In the East and South side there are thodu and chiravamba. In the State the 'chiravaramba' is treated as a part of paddy land. This was used for the purpose of entering into the paddy land for cultivation.

(3.) Sec. 3 of the Paddy Land Act prohibits conversion or reclamation of paddy land. Sub Sec. 3 (2) states nothing would apply in Sub Sec.3(1) placing prohibition on reclamation of land if such activities are to strengthen the outer-buds for protecting the cultivation. There are no statutory provisions in regard to 'chiravaramba'. The owner of the paddy land can reclaim the paddy land as specified under Sec.9 for the limited purpose of putting up a residential building. It is in this background, the alleged widening of the 'chiravaramba' has to be viewed.