ABDUL SALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The 9th respondent owns 0.1640 hectares of land in Re.Sy.No.228/1 of Cheekode Village. According to the petitioner, the property is situated at a level 2 Metres below the Edavannappara-Areacode State Highway on the eastern side. The petitioner submits that the properties adjoining the 9th respondent 's properties are paddy fields with cultivation. According to the petitioner, the 9th respondent reclaimed a major portion of his property by planting arecanut and banana plants. It is submitted that even though the area was initially included in the data bank, it was later removed, which according to the petitioner is owing to the influence of the 9th and 10th respondents over the concerned authorities. The 8th respondent issued a letter of intent to respondents 9 and 10 for starting a petroleum outlet in the above-mentioned property. An application was filed before the 2nd respondent for obtaining NOC under Rule 144 of the Petroleum Rules, 2002. The 2nd respondent forwarded the application to the 3rd respondent to conduct an enquiry and report. The 3rd respondent is stated to have directed the 6th respondent to conduct an enquiry and submit a report on the title, possession and ownership of the property and other details. The 6th respondent was also required to enquire whether the land is wet land and whether permission to convert the said land had been obtained. Ext.P1 is the letter sent by the 3rd respondent to the 6th respondent on 31/5/2021. The petitioners submit that they came to know about the proposal to start a petroleum outlet only when the 6th respondent along with the 5th respondent came to the property to enquire about the feasibility of the land for the said purpose. By Ext.P2 communication dtd. 23/7/2021, the 6th respondent reported to the 3rd respondent that the property of the 9th respondent is situated at a depth of 1 to 2 Metres from the road and if the property is reclaimed by filling it up with mud, water sources for agricultural activities of the surrounding areas will be drastically affected. However, Ext.P2 refers to an order dtd. 6/6/2019 passed by the 4th respondent, whereby the 4th respondent had permitted change of nature of the land. The order referred to is dtd. 11/6/2019 and not 6/6/2019 and the same has been produced as Ext.P3 in the writ petition. By Ext.P3, the 9th respondent has been granted permission to fill up the land subject to certain conditions. The petitioner has produced as Exts.P4 and P5 complaints submitted on 6/12/2021 and 12/11/2021 stating that the 9th respondent is filling up the land and thereby affecting the agricultural activities in the nearby lands and several other aspects. The petitioners have also submitted complaints before the LLMC and the Agricultural Officer against the changing of nature of the land. The writ petition was filed on 20/12/2021 praying for a direction to the 4th respondent to consider Exts.P4 and P5 applications filed under Sec. 27A (11) of the Kerala Conservation of Paddy Land Wetland Act, 2008 (2008 Act for short) and to pass orders on the same after hearing the petitioners and respondents 8 to 10 and for a further direction to the 3rd respondent not to issue NOC in respect of the application submitted by respondents 8 to 10, till a decision is taken by the 4th respondent on Exts.P4 and P5. At the time of admission, this Court had issued an order directing the 3rd respondent not to grant NOC in respect of the applications submitted by the respondents 8 to 10, if not already issued, without putting the petitioners on notice or hearing them. It was also directed that if NOC has already been issued further proceedings on the NOC shall be kept in abeyance for a further period of four weeks.

(2.) The respondents 9 and 10 have filed detailed counter affidavits. It is pointed out that the entire area has been converted long ago and there are several coconut and arecanut palms in the property. Photographs of the properties have been produced to prove the nature of the land. Respondents 9 to 10 have pointed out that they have already been issued with (i) consent to establish by the Pollution Control Board on 22/8/2021, (ii) permission by the District Town Planner on 18/9/2021, (iii) building permit by the Cheekode Grama Panchayat on 20/10/2021, (iv) No Objection Certificate by the District Medical Officer on 27/7/2021, (v) No Objection Certificate by the District Supply Officer, Malappuram on 3/8/2021, and (vi) No Objection Certificate by the Regional Fire Officer, Palakkad on 17/6/2021. All the above consents have been produced along with the counter affidavit. It is stated that as directed in Ext.P3, the sub division of the properties has been completed and the description also changed by the Tahsildar, Kondotty by order dtd. 1/1/2021. It is submitted that on the basis of the above documents, the 3rd respondent has already issued an NOC on 20/12/2021, on which date, this writ petition was admitted and the said order has been produced as Ext.R9(b).

(3.) Heard Sri Rajit on behalf of the petitioner, Sri Babu S Nair on behalf of the 9th and 10th respondents and the Government Pleader on behalf of respondents 1 to 7.