LAWS(KER)-2020-2-109

A.E.GAFOOR Vs. DISTRICT POLICE CHIEF

Decided On February 18, 2020
A.E.Gafoor Appellant
V/S
DISTRICT POLICE CHIEF Respondents

JUDGEMENT

(1.) These writ petitions are filed by holders of paddy land in Mannur Grama Panchayat in Palakkad District. They pray for police protection for life and property. Thereafter, the prayers also have been amended challenging an action on the part of the Agricultural Officer, Local Level Monitoring Committee ("LLMC" for short) and the Panchayat taking over their land for paddy cultivation invoking the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short "Act 28 of 2008").

(2.) The prayers for police protection cannot be considered in isolation without adverting to the action initiated under Act 28 of 2008.

(3.) Mannur Grama Panchayat is having an agricultural land of 325 hectares. Group farming is practised through 16 Padasekhara Samithis. There are also individual cultivators like the petitioners. Act 28 of 2008 contains a provision to cultivate paddy land left alone. LLMC on being satisfied that the holder of paddy land failed to cultivate paddy land within the 15 days period, a different procedure is set out causing paddy cultivation through others. The bone of dispute in these cases is in regard to the procedure adopted for paddy cultivation by LLMC and the Panchayat through others [Padasekhara Samithi (11th respondent in both the cases)].