Kerala High Court
Sabitha Sanjay vs The District Collector on 3 July, 2020
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 03RD DAY OF JULY 2020 / 12TH ASHADHA, 1942
WP(C).No.12936 OF 2020(N)
PETITIONER:
SABITHA SANJAY,
AGED 26 YEARS,
W/O. ANEESH, PUTHENPURAYIL, ERICKAVU MURI,
KUMARAPURAM VILLAGE, KARTHIKAPPALLY TALUK,
ALAPPUZHA DISTRICT-690516
BY ADV. SRI.G.BENO
RESPONDENT:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, ALAPPUZHA DISTRICT-688 001.
2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE R.D.O, CHENGANNOOR,
ALAPPUZHA DISTRICT-689 121.
3 THE TAHSILDAR,
KARTHIKAPPALLY TALUK OFFICE, HARIPAD P.O.,
ALAPPUZHA DISTRICT-690 514.
4 THE VILLAGE OFFICER,
KUMARAPURAM VILLAGE, KARTHIKAPPALLY TALUK,
ALAPPUZHA DISTRICT-690 514.
5 THE SECRETARY,
KUMARAPURAM GRAMA PANCHAYATH, KUMARAPURAM P.O.,
ALAPPUZHA DISTRICT-690 514.
6 THE AGRICULTURAL OFFICER,
KRISHY BHAVAN, KUMARAPURAM, KARTHIKAPPALLY TALUK,
ALAPPUZHA DISTRICT-690 514.
BY ADV.
SRI.K.J.MANU RAJ, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.12936 OF 2020
2
ALEXANDER THOMAS, J.
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W.P.(C) No. 12936 of 2020
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Dated this the 03rd day of July, 2020
JUDGMENT
The case set up in this Writ Petition (Civil) is as follows:
The petitioner and her husband indented to start fish farm in Ext.P1 property for their livelihood. The nature of Ext.P1 property as per Ext.P3 is Nilam and not inclined in Data Bank as per Ext.P4. Actually Ext.P1 property is lying as Chira and Kulam. Husband of the petitioner is having Ext.P9 aquaculture licence. Petitioner obtained Ext.P5 No Objection Certificate from the Deputy Director of Fisheries, Alappuzha. The petitioner submitted Ext.P6 application for the use Ext.P1 property is forwarded to the report of 4th respondent and Ext.P7 report is filed and it is pending before the 2 nd respondent. No action on Ext.P6 application is taken by the 2nd respondent and delaying the matter. The inaction on the part of the 2 nd respondent will defeat the purpose of business as it is for the livelihood of the family. Hence the petitioner seeking a petition to the respondents in Ext.P6.
It is in the light of the above averments and contentions, the WP(C).No.12936 OF 2020 3 petitioner has filed the instant Writ Petition (Civil) with the following prayers :
A. Call for the records relating to Ext.P1 to P9 from the respondents;
B. Issue a writ of mandamus or any other appropriate writ, direction or order directing the 2 nd respondent to pass appropriate Order in Ext.P6 of the petitioner on the basis of Ext.P5 and Ext.P7 within a time frame fixed by this Hon'ble Court.
And C. Such other reliefs which is deemed to be fit and proper to this Hon'ble Court in the facts and circumstances of the case.
2. Heard Sri. G.Beno, learned counsel appearing for the petitioner and Sri. K.J. Manu Raj, the learned Government Pleader appearing for the respondents.
3. Petitioner is now filed Ext.P6 application dated 15.05.2020 before the 2nd respondent-RDO, seeking for permission to conduct fish farming in the subject property, which is a pond, and it has been shown as paddy land/nilam as per the BTR, and has not been included in the land data bank as paddy land/nilam. Ext.P7 is a report submitted by the 4 th respondent- Village Officer, Ext.P8 is the sketch and plan of the fish farm and Ext.P8(a) is the location sketch. Further that, Ext.P9 is the licence issued by the Deputy Director of Fisheries, Government of Kerala for conduct of fish farming/aqua farming. WP(C).No.12936 OF 2020 4
4. The learned counsel for the petitioner would also place reliance on the provisions contained in Section 3(2) as well as 2 (ix) of the Kerala Conservation of Paddy Land and Wet Land Act,2018, to point out that, even in respect of the subject property which would fulfill the definition of paddy land as per Section 2(xii) of the afore said Act, Sub Section 2 of Sub Section 3 would clearly permit the cultivation of any intermediary crops etc., and any activity for strengthening the outer bunds for protecting the cultivation, and further that 2(ix) of the Act would define the intermediary crops include even fish farming subject to the ecological nature of the paddy land etc. Hence it is pointed out that the subject property is not paddy land as per Section 2(xii) or wet land as per Section 2(xviii) of the afore said Act as on 12.08.2008, and therefore, the case of the petitioner would certainly stand on a higher pedestal than in respect of a scenario covered by 3(2) read with Section 2(9)of the Act.
5. Taking notes of the facts and circumstances of this case, it is ordered in the interest of justice that, the 2 nd respondent-RDO will take up the plea made by the petitioner in Ext.P6-representation dated 15.05.2020, and after affording reasonable opportunity of being heard the petitioner may take a WP(C).No.12936 OF 2020 5 considered decision in the said matter without much delay preferably within a period of two months from the date of production of certified copy of this judgment. While doing so, the 2nd respondent-RDO, may take into account the matters borne out from Ext.P7 report of the 4th respondent-Village Officer as well as Ext.P8 and Ext.P8(a) regarding the sketch and plan of the fish farm, and the location sketch etc., as well as Ext.P9 licence issued by the Deputy Director of Fisheries for conduct of fish farm etc. The above said contentions raised by the petitioner should also be duly considered by the 2 nd respondent while passing orders on Ext.P6 representation.
6. The petitioner will produce the certified copies of this judgment along with the copies of memorandum of this writ petition (civil) with all the Exhibits to the 2 nd respondent-RDO for necessary information further action.
With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE VPK WP(C).No.12936 OF 2020 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.2392/I/2019 DATED 31.12.2019 OF SRO HARIPAD.
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT NO.KL04041200433/2020 DATED 20.1.2020. EXHIBIT P3 TRUE COPY OF THE THANDAPER ACCOUNT NO.26751 DATED 15.2.2020.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE NO.KPM-4/2019- 2020 DATED 3.2.2020.
EXHIBIT P5 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 11.5.2020.
EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 15.5.2020.
EXHIBIT P7 TRUE COPY OF THE LETTER NO.63/2020 DATED 1.6.2020.
EXHIBIT P8 TRUE COPY OF TEH SKETCH PLAN OF FISH FARM. EXHIBIT P8(A) TRUE COPY OF THE LOCATION SKETCH NO.576/2020 DATED 7.3.2020.
EXHIBIT P9 TRUE COPY OF THE LICENSE NO.A1-830 DATED 9.6.2020.