CHANDRAN, KOTTUVIRUTHIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the owner of 13 cents of property comprised in Re.Sy No.66 of Block No.11 in Kavumbhagum village in Thiruvalla Taluk. On the basis of a building permit issued by Thiruvalla Municipality the petitioner constructed a residential building therein. In 2008, out of the 13 cents, the petitioner bequeathed 10 cents and the building therein to his daughter and son-in-law. While so, on 22.9.2010, the Village Officer, Kavumbhagam issued Ext. P3 prohibitory order stating that information has been received that the petitioner is filling up the paddy land and directing to stop the same.

(2.) Against Ext.P3, the petitioner approached the Sub Divisional Magistrate (SDM) and the SDM issued Ext.P4 order stating that the petitioner has unauthorizedly filled 70 m2 of paddy land comprised in Re.Sy No.66 of Block No.11 in Kavumbhagum village in Thiruvalla Taluk and the unauthorized filling of paddy land is punishable under the Kerala Conservation of Paddy Land and Wetland Act, 2008 and the SDM in exercise of powers under Clause 7 of Kerala Land Utilisation Order,1967 (KLUO), directed the petitioner to remove the filled earth and to restore to its original position within one week.

(3.) Against Ext.P4, the petitioner approached the District Collector and the District Collector by Ext.P6 order rejected the appeal and confirmed Ext.P4 order of the SDM. In Ext.P6 order the District Collector has stated that the petitioner has not obtained permission under KLUO to fill up the paddy land and eventhough the Kerala Conservation of Paddy Land and Wetland Act, 2008 has come in to force, the KLUO has not been repealed and therefore the SDM has jurisdiction to direct the petitioner to remove the filled earth and to restore to its original position in exercise of powers under the KLUO. Challenging Exts.P3, P4 and P6 orders the petitioner has filed this writ petition.