STATE OF KERALA Vs. JANAKI AMMA

JUDGEMENT

(1.) aThis appeal is filed by the State and its officers impugning the judgment of the learned single Judge in W.P. (C) No.26414 of 2016. The said writ petition was filed by the respondent herein, impugning Exts.P10 and P11 and for directing the appellants not to interfere with the levelling/ filling up of the land, having an extent of 1.21 acres situated in R.S. No.3544 in Block No.73, Ward No.5 of Palakkad Village No.III of Palakkad Taluk in Palakkad District. Consequential reliefs were also sought for. By the judgment under appeal, the learned single Judge disposed of the writ petition, with the following directions:

(2.) We heard the learned Additional Advocate General for the appellants and the learned counsel appearing for the writ petitioner/the respondent herein.

(3.) According to the learned Additional Advocate General, the land having an extent of 1.21 acres obtained by the respondent by virtue of Ext.P1 Partition Deed, is a water body and any development thereof can be only in compliance with the provisions contained in Section 87 of the Kerala Irrigation and Water Conservation Act, 2003 and Rule 5 of the Kerala Municipality Building Rules. According to the learned Additional Advocate General, neither of these requirements have been complied with by the respondent and therefore, the learned single Judge ought not have given a direction that the respondent would be at liberty to get the land assessed for tax and to put the same to any legitimate use.