The main legal point established in the judgment is the requirement for an inspection and opinion on whether the encroachment constituted reclamation or conversion under Section 3(1) of the Kerala Conservation of Paddy land and Wetland Act, 2008, and the subsequent action under Section 13.

ORDER :

Alexander Thomas, J.

1. The case set up in this writ petition is as follows:-

The petitioners are the owner in possession of the properties having an extent of 62.52 ares, comprised in Re.Sy. No. 329/2(OId Survey No. 553/1) of Kadamakkudy Village, Kanayannoor Taluk, Ernakulam district.

2. It is submitted that the land has been used for paddy cultivation and prawn and fish fanning. On 16.06.2018, when the petitioners were away from the scheduled property, 5 and 6 respondents, Gopi, S/o. Janardanan Theruviparambil and his son Gopan trespassed into the scheduled property and illegally obtained two meters width of land from the north end of the petitioners land and placed concrete posts and converted the paddy land by using concrete waste and industrial waste. By this act, the offenders destroyed the ecological condition of the said wetland which was used for seasonal paddy cultivation and prawns filtration.

3. Against the illegal activity by the 5 and 6 respondents, the 1 petitioner herein lodged Ext. P2 written complaint before the Village Officer, Kadamakkudy Village Office and a copy of the same complaint was forwarded to President, Kadamakkudy Grama Panchayatha and Agricultural Officer, Krishibhavan, Kadamakkudy.

4. The Exhibit P2 complaint filed by the 1st petitioner was forwarded to the Revenue Divisional Officer, Fort Kochi and a report regarding the complaint was filed before the RDO, Fort Kochi by Agricultural Officer, Krishibhavan, Kadamakkudy on 07.08.2018. Taking matter into consideration, the RDO, Fort Kochi registered a case as K2-2329/18 and sent a notice for the hearing of the matter concerned and joint hearing was conducted on 24.10.2018. But to a great dismay of the petitioners, no appropriate actions were initiated by RDO, Fort Kochi after the hearing and offenders continues to be in the possession of the land of the petitioners. On 13.01.2020 the 2nd petitioner herein filed an application under Right to Information Act, 2005 seeking details about the proceedings in case No. K2-2329/18. On 13.02.2020, the 2nd petitioner received a reply from the officer of the RDO, Fort Kochi in the RTI Application dated 13.01.2020 stating that no further proceedings were initiated in case No. K2-2329/18 till this date.

5. It is clear that the offenders violate the provision in the Kerala Conservation of Paddy land and Wetland Act, 2008 in conserving and preserving the paddy land and wetland. Though the petitioners lodged complaint and seek appropriate action from the concerned Government bodies, no sufficient measures were. taken by the authorities to stop the encroachment and restore the wetland into its prior condition. Since all the earnest efforts made by the petitioners were ignored and adequate actions were delayed without any valid reasons, the petitioners are not left with any other effective remedy than approaching this Court. Hence this Writ Petition.

6. In the light of these averments and contentions, the petitioners have filed the instant writ petition with following prayers:-

i) To issue a writ of mandamus or any other appropriate writ directing the 1st respondent to take appropriate action whereby removing the encroachment done by the 5 and 6 respondents and restoring the condition of the land having an extent of 62.52 Ares, comprising in Resurvey number 329/2 (Old Survey No. 553/1 of Kadamakudy village, Kanayannoor Taluk, Ernakulam District to its prior condition making the land eligible for agricultural purposes.

ii) To issue direction to the 1st respondent to take appropriate action against the 5 and 6 respondents for violation of the Kerala Conservation of Paddy land and Wetland Act, 2008.

7. Heard Sri. M.B. Sandeep, learned counsel appearing for the petitioners and Sri. K.J. Manu Raj, learned Government Pleader appearing for respondent Nos. 1, 2, 4 and 7. In the nature of the order proposed to be passed, notice to respondent No. 3 Kadamakudy Grama panchayat and respondent Nos. 5 and 6 will stand dispensed w