JOSEPH KURIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 4th day of November 2019 These Writ Petitions require to be heard together, since the factual factors presented therein are similar, if not identical and the reliefs sought for are virtually the same. I, therefore, proceed to dispose of them together in this judgment.

(2.) These two writ petitions have been filed by various persons, who claim to be the owners of separate extents of land in Panachikadu and Nattakom Villages, Kottayam. According to them, steps have now been taken by 4 th and 5th respondents to take over their lands, claiming it to be 'fallow' under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008, (Paddy Land Act) and to put it to cultivation. They allege that this is being done without complying with Sections 15 and 16 of the said Act; and assert that any decision to put their properties to cultivation could have been taken only after the Local Level Monitoring Committee (LLMC for short) had given them appropriate notices under Section 15 of the Act and after following the procedure under Section 16 thereof. They allege that, in this case, 4 th and 5th respondents have virtually trespassed into their property and have taken possession of the same illegally, with the intent of putting it to cultivation and that, this is totally illegal, unlawful and unconstitutional. They, therefore pray that the Revenue Divisional Officer (RDO) be directed to look into these matters, invoking the powers under Section 16(3F) of the Paddy Land Act and issue appropriate orders thereon and further that the properties be not put to cultivation until this process is over.

(3.) The learned Government Pleader appearing on behalf of the official respondents submits that an affidavit has been placed on record on behalf of the Local Level Monitoring Committee, wherein they have stated very clearly that it had sent letters to all the land owners in their available addresses, including the petitioners, under Section 16(3A) of the Paddy Land Act on 28.09.2018; but that, most of the said notices were returned, showing that that the addressees were not found. He says that, thereafter, a detailed notice was published in the Malayala Manorama daily as also in the "Asianet Cable Vision News Channel" and that posters were also affixed in the locality, intimating all concerned of the intention of the LLMC to act under Section 16 of the Paddy Land Act. He says that it was only thereafter, on 05.11.2018 and 22.11.2018 that the LLMC had decided to permit selected farmers to conduct cultivation in the properties in question. He submits that the petitioners' properties had also been put into cultivation in this fashion for one term and that the LLMC only intends to put it to a second term now. He, therefore, prays that this writ petition be dismissed.