SPEAKS PROPERTIES LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) Captioned writ petitions are connected in respect of filling up of a paddy field by the petitioner in W.P.(C) 14045 of 2019 namely M/s. Speaks Properties. Limited; which is also the 4th respondent in the connected public interest writ petition. The petitioner in the connected public interest writ petition W.P." 16684 of 2019 is said to be interested in environmental protection activities and is engaged in legal battles for the protection of forest, public lands and upholding the principles of the doctrine of public trust for the past two decades.

(2.) The Public Interest writ petition is filed challenging Exhibit P3 order dtd. 31/1/2019, bearing No.G.O.(Rt.) 337/2019/Rev., passed by the State Government in a revision filed by the petitioner in the connected writ petition under sec. 28 of the Kerala Conservation of Paddy Land and Wetland Act, 2008,(hereinafter called Act 2008); whereby the State Government has allowed the revision filed by the 4th respondent, viz., M/s.Speaks Properties Limited, formerly known as, "Synthite Properties and Investments (P) Limited, and accordingly Exhibit P2 order dtd. 26/9/2018 bearing No.L-17-2985/14 passed by the District Collector under sec. 13 of the Act, 2008, directing the 4th respondent to restore the paddy field to its original position is set aside. Later as per an order dtd. 8/5/2019, the said order is suspended pending reconsideration of the order, which is the challenge in the writ petition filed by the owner of the property.

(3.) In Exhibit P3 order, the State Government, even though set aside the order of the District Collector, has directed the 4th respondent to approach the competent authority to remove the properties from the data bank constituted as per the provisions of the Act, 2008.