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2017 Supreme(Ker) 1281

P.B.SURESH KUMAR
Suraj K. S. – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioners: Advs. Sri. Rajan Vishnuraj, Sri. V. Harish, Sri. P.G. Suresh, Sri. G. Sudheer (Thuravoor)
For the Respondents: Government Pleader Sri. Jaffar Khan, Adv. Sri. Prakash C. Vadakkan. J., S.C, Adv. Sri. M.P. Prakash, S.C, Advs., Sri. Philip T. Varghese, Sri. Thomas T. Varghese, Smt. Achu Subha Abraham, Smt. K.R. Monisha, Advs. Sri. C.K. Karunakaran, Sri.], Jophy Pothen Kandankary

JUDGMENT :

1. Petitioners are persons residing within the limits of the seventh respondent Panchayat. The grievance voiced by the petitioners in the writ petition concerns the industrial unit proposed to be established by the ninth respondent in the said panchayat.

2. The undisputed facts are the following : During 2015, the ninth respondent, a private limited company purchased 4.0632 hectors of land within the limits of the panchayat for establishing a seafood related industrial unit. There were a few water channels in the said land. Earlier, the predecessors of the ninth respondent were interdicted from reclaiming the water channels in the land by the sixth respondent, the Village Officer by issuing a stop memo. Though the matter was taken up by the predecessors of the ninth respondent before the third respondent, the District Collector for vacating the stop memo, the third respondent confirmed the stop memo as per Ext.P3 order holding that the land is a wetland falling within the purview of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (the Act). The predecessors of the ninth respondent though moved the third respondent later for review of Ext.P3 order, the request m



































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