SACHIDANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is resident of Kadungalloor Grama Panchayat, has approached this Court aggrieved by the illegal and large scale filling up of paddy land in Survey No.236/10 of Kadungalloor Village by respondents 5 to 8.

(2.) The petitioner states that during each Monsoon the dwelling units of the petitioner and his neighbours would be inundated destroying their valuables. The petitioner alleges that this flooding is as a result of the illegal filling up of paddy land in Survey No.236/10 belonging to respondents 5 to 8. The said land is included in the Data Bank as paddy land. In the year 2006, the respondents started conversion of 15 cents of paddy field which affected a water chal. The Sub Divisional Magistrate interfered in the matter as can be seen from Ext.P1 and the water chal was restored. In the year 2006, steps were taken by the Tahsildar to restore free flow of water and Village Officer issued a Stop Memo on the 5th respondent, pursuant to Ext.P2 report.

(3.) However, respondents 5 to 8 filled up 35 cents of land in this Survey number in 2009. By Ext.P5, the Agricultural Officer reported that this has seriously affected agricultural operations. In spite of the complaints filed by the petitioner, the authorities have not taken any effective steps to restore the land to its original position. The Deputy Collector instead issued Ext.P9 order permitting the 5th respondent to proceed with the illegal building construction undertaken by him, in spite of the fact that there is a Stop Memo issued against the construction. The petitioner preferred Ext.P16 revision petition against Ext.P9. But, the 1st respondent, without application of mind, upheld Ext.P9 as per Ext.P17.