Kerala High Court
K.Narayanan Nair vs The Agricultural Officer on 31 January, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY ,THE 31ST DAY OF JANUARY 2019 / 11TH MAGHA, 1940
WP(C).No. 14138 of 2015
PETITIONER/S:
K.NARAYANAN NAIR
AGED 78 YEARS
S/O.SANKUNNI NAIR, RESIDING AT NARAYANEEYAM,
PANNIYUR, ANAKKARA, PALAKKAD DISTRICT.
BY ADVS.
SRI.V.V.SURENDRAN
SRI.P.A.HARISH
RESPONDENT/S:
1 THE AGRICULTURAL OFFICER
KRISHIBHAVAN, ANAKKARA, P.O.KUMBIDI, PALAKKAD-679553.
2 THE DISTRICT COLLECTOR
CIVIL STATION, PALAKKAD-678014.
SMT.RAJI.T.BHASKAR,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14138 of 2015
2
JUDGMENT
Petitioner and his brother are in ownership of approximately I acre of property situate in Survey Nos.46 and 46/2 of Anakkara Village, Palakkad District. The grievance of the petitioner is in respect of Ext.P3 notice issued by the 1 st respondent, ie. the Agricultural Officer, Anakkara village, by which it is stated that the plantain cultivation carried out by the petitioner in the paddy field cannot be sustained, and petitioner was directed to restore the paddy field to its original position. It is thus challenging Ext.P3, this writ petition is filed.
2. I have heard learned Counsel for the petitioner and learned Government Pleader and perused the pleadings and documents on record.
3. The contention put forth by the petitioner is on the basis of Section 3(2) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 which reads thus.
"Nothing contained in sub-section (1) shall apply to the cultivation of any intermediary crops that are cultivated without changing the ecological nature of that paddy land or the strengthening of the outer bunds for protecting the cultivation."
4. According to the petitioner, going by the definition WP(C).No. 14138 of 2015 3 provided under Section 2 (ix), intermediary crop means a short term crop cultivated in between two paddy cultivation periods in an inter-changeable manner according to the ecological nature of the paddy land, like vegetables, pulses, plantain, fish etc.
5. According to the learned Counsel for the petitioner, in that area, so far as paddy is concerned, there is only one crop and before the cultivation of paddy during the next ensuing year, intermediary crop is being cultivated for ever so many years. Therefore, one has to interpret the definition so as to mean that in between activities of two paddy crop, a person is entitled to cultivate an intermediary crop. Moreover taking into account the requirement of encouraging paddy cultivation and other crops unless such purposive interpretation is given the agriculture activity, can have disastrous consequences.
6. In my considered view, if the petitioner is doing intermediary crop in that fashion, petitioner cannot be found fault with. However, petitioner cannot alter the lie and nature of the property by bringing soil from outside or blocking the natural flow of water, so as to affect the ecological balance in the area.
In that view of the matter, this writ petition is allowed to the WP(C).No. 14138 of 2015 4 extent, quashing Ext.P3, on realising that petitioner is cultivating an intermediary crop in between two paddy cultivations of two successive years and that too, without providing additional soil from outside and without blocking natural flow of water, so as to affect the ecological balance of the area. I also make it clear that, if the petitioner violates any of the provisions of Act, 2008, the statutory authorities will be at liberty to take appropriate action, in accordance with law.
Sd/ SHAJI P.CHALY JUDGE Jm/ WP(C).No. 14138 of 2015 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 EXHIBIT-P1: A TRUE COPY OF THE NOTICE DATED 31.12.2014 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2 EXHIBIT-P2: A TRUE COPY OF THE REPLY SENT BY THE PETITIONER THROUGH HIS LAWYER DATED 12.1.2015.
EXHIBIT P3 EXHIBIT-P3: A TRUE COPY OF THE NOTICE/ORDER OF THE 1ST RESPONDENT.