GIRISH BABU Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The main prayer in the writ petition is to direct respondents 4 to 6 to stop further filling of agricultural land and the second prayer is to direct respondents 1 to 3 to take stringent actions against filling of agricultural land by respondents 4 to 6.

(2.) The averments in a nutshell, are the following:

(3.) The Municipality as well as respondents 5 and 6 have filed separate counter affidavits. In the counter affidavit filed by the Municipality as well as respondents 5 and 6, it is stated that the petitioner is not having any agricultural land anywhere near the property of respondents 4 to 6. The property of respondents 4 to 6 lies almost very close to the Cochin University campus and three sides of that area is the campus of the Cochin University. The adjacent properties are having several residential buildings and also having commercial complexes and nowhere in the vicinity there is any paddy field. The paddy fields are situated at a distance of 3.5 kms. away from the property involved herein, which is situated about 400 metres away from Cochin University junction and on the southern side of a road known as pipeline road. Ext.R5(a) is the true copy of the location sketch. Ext.R5(b) series are photographs to show the nature of the property. Ext.R5(c) is the building permit issued by the Municipality way back on 6.12.2011. It is also contended by respondents 5 and 6 that they have not violated any of the provisions of the Kerala Conservation of Paddy Land and Wet Land Act or the Kerala Land Utilisation Order. The petitioner wanted to purchase the property of respondents 4 to 6 and this writ petition is filed only to harass them.