SHAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) As the issues involved in both these writ petitions are inter-related and as the petitioner in W.P.(C)No.41834 of 2018 is the 1st petitioner in W.P.(C)No.33060 of 2017, the writ petitions are heard and disposed of together. The 2nd petitioner in W.P.(C)No.33060 of 2017 is the father of the 1st petitioner. The petitioners are agriculturists. They own 1 Acre 19 cents of kole land in Sy.Nos.842 and 843/5 and 6 of Thottipal Village, Mukundapuram Taluk. The paddy land is located in a large padasekharam. The irrigation activities of the area were being monitored by one Committee, the representatives of which are impleaded as respondents 4 and 5 in W.P.(C)No.33060 of 2017. The 7th respondent (Parappookkara Grama Panchayat) in W.P.(C)No.33060 of 2017 is the 1st respondent in W.P.(C)No.41834 of 2018. There is a public irrigation canal in the area. The petitioners submit that they cannot irrigate their lands with the water from the said canal, since their land is situated at a higher level. The petitioners have detailed the manner in which the water for the irrigation is brought through the canal from the Peechi Dam and the various activities which had led to the water not being available to the petitioners' land. The above aspects may not be fully required for considering the issue presently involved in these writ petitions. W.P.(C)No.33060 of 2017 was filed praying for a direction to the Officers of the Agricultural Department and the Secretary of the Konthipulam Kole Karshaka Samithi to take necessary steps for increasing the depth of the irrigation canal bringing water from Peechi Dam to the kole lands and provide adequate water in the paddy field of the petitioners; for a direction to the 2nd respondent to give permission to the petitioners to dig a pond or well having an extent of 16 Sq.Ft. in their paddy field, enabling them to ensure adequate water supply in the paddy field; and for a direction to the 6th respondent to repair the irrigation canal having a depth and breadth of 3 Metres passing through the kole land and provide water to paddy fields.

(2.) The Agricultural Officer rejected the request made by the petitioners as per the order dtd. 1/9/2014, stating that the request cannot be considered in the light of the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter referred to as the 2008 Act).

(3.) Pending consideration of W.P.(C)No.33060 of 2017, the petitioner, on coming to know that the application for permission to dig the well must be preferred before the Panchayat, applied for the same. A building permit was issued on 21/11/2018, which has been produced as Ext.P1 in W.P.(C)No.41834 of 2018. According to the petitioners, when the digging of the well commenced, the permission was cancelled by order dtd. 15/12/2018, which has been produced as Ext.P2 in W.P. (C)No.41834 of 2018. The reason stated in Ext.P2 is that the petitioner was carrying out work in violation of the permit and that the Panchayat on further consideration came to understand that digging of a well cannot be permitted in the land in question. It was also stated that the permit can be restored if the petitioner produces permission from the Revenue Officers and the Officers of the Agricultural Department for digging the well. It is challenging the said order that W.P.(C)No.41834 of 2018 is filed.