VIDHYA SANGEETH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS writ petition is filed by a Member of the District Panchayat as a public interest litigation seeking for a direction to respondents 1 to 5 to stop all conversion/filling up of paddy land forming part of Puzhakkal Padam, Kuttur Village in Thrissur Taluk and to stay all the construction activities conducted by respondents 6 to 9, to direct the 4th respondent to cancel all permits granted to respondents 6 to 9 for constructing buildings, for a further direction to the 12th respondent to conduct an enquiry into the corrupt and illegal activities in the matter of filling up of paddy land and for other consequential reliefs.

(2.) ACCORDING to the petitioner, the 6th respondent acquired large extent of paddy land during 2002 and has started developing the said area by construction of villas and flats under the name and style 'Shoba City'.

(3.) ABOUT 19 acres of paddy land has been acquired in the name of three companies, the respondents 7 to 9. Certain neighbouring owners of paddy land had submitted a complaint as Ext. P1 on 15.5.2014 against the conversion of the paddy land. The petitioner submits that on the basis of the aforesaid complaint, the 3rd respondent issued stop memo to respondents 7 and 8. Exts. P2 and P3 are the said memos. According to the petitioner, no stop memo was issued to the 9th respondent whereas filling activities were being mainly done by the said company. This action of the revenue authorities, according to the petitioner, is a deliberate act to assist the 9th respondent in filling up the paddy land. The petitioner makes a specific allegation against the 10th respondent District Collector Smt. M.S. Jaya, who, according to the petitioner, is assisting the illegal filling up of paddy land in the said area by the 9th respondent. According to her, despite the stop memo issued to respondents 7 and 8, reclamation was being continuously done, which will affect the stability of the environment and water resources of the locality. A representation was submitted by the petitioner before the 1st respondent, which is produced as Ext. P4. According to the petitioner, despite the said representation also, no action was being taken by the District Collector and she is responsible for the alleged illegal acts and is also preventing other officers in taking appropriate action in time. She relies upon a letter issued by the Agricultural Officer to the Revenue Divisional Officer on 21.5 .2014, wherein it is reported that the paddy land in Sy. No. 515 to 531 of Kuttur Village is being illegally filled up. She relies upon Ext. P7 particulars of data bank prepared under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred as the Act), according to which, the property is described as paddy land.