POLY S/O MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging Exhibits P5 and P7 orders, which are the order of the District Collector and the order of the Government in revision respectively. These orders have been issued invoking the powers under Section 13 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('the Act' for short) finding that the petitioner has converted or attempted to convert a paddy field illegally.

(2.) The allegations in Exhibits P5 and P7 orders are that the petitioner's property has been included as a paddy field in the Data Bank prepared under the provisions of the Act and that it is lifeline of flora, fauna and bio-diversity in the said area. The petitioner's assertion against Exhibits P5 and P7 is that it is not a paddy field, even though it is seen included as one in the Data Bank and that it has been converted many years prior to the coming into force of the Act. He prays that, therefore, Exhibits P5 and P7 be set aside.

(3.) The learned Government Pleader, appearing on behalf of the official respondents, submits that as is clear from Exhibits P5 and P7, the petitioner's land has been found to be a paddy field, particularly because the report of the Agricultural officer obtained by the District Collector also clearly mentions that this land remains as a paddy field even as on the date of coming into force of the Act. According to the learned Government Pleader, there is nothing wrong in Exhibits P5 and P7 orders and that the petitioner should be directed to adhere to the terms of the Act.