Strict adherence to procedural rules in writ petitions is mandated, specifically in marking exhibits, and unauthorized construction on paddy wetland must be prohibited and restored per the 2008 Act.

JUDGMENT :

P.V. KUNHIKRISHNAN, J.

1. This writ petition is filed with the following prayers:

i. Issue a writ of mandamus or any other appropriate writ, order or direction restraining Respondent Nos.1 to 8 from assigning or granting any building number or occupancy certificate to the building constructed by Respondents 9 & 10 in the subject paddy wetland, and further directing that no steps be taken to regularize or legitimize the said illegal construction in any manner.

ii. Issue a writ of mandamus or other appropriate writ, order or direction calling for the records of the building permit (Exhibit P2) issued by Respondent No.1 to Respondents 9 & 10, quash the said building permit as being illegal, ultra vires and void ab initio, and declare that any construction carried out on the strength of Exhibit P2 is unauthorized and without legal sanction.

iii. Issue a writ of mandamus or direction to Respondent Nos.1 to 8 to forthwith stop all construction activity in the 28 cents of paddy land (Survey No. 4/1-6, classified as Nanja II / Wetland II) owned by Respondents 9 & 10 in Angadippuram Village, and to prohibit any further encroachment or development on the said land contrary to its status as paddy wetland.

iv. Issue a writ of mandamus or appropriate direction declaring that the Stop Memo dated 23.03.2023 (Exhibit P10) issued by Respondent No.6 (Village Officer) to Respondents 9 & 10 was legal and justified, and that the said Stop Memo shall be deemed to be in force (notwithstanding its earlier quashing under misinformed circumstances), until the illegal construction is demolished and the land restored, or until further orders of this Hon’ble Court.

v. Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondents 1 to 8 to take immediate steps to demolish or remove the structure/building constructed by Respondents 9 & 10 on the paddy land in question, and to restore the said land to its original condition as a paddy field, by exercising the powers conferred under the Kerala Conservation of Paddy Land and Wetland Act , 2008 and other enabling provisions of law.

vi. Issue a declaratory writ or order declaring that the land comprised in Survey No. 4/1-6, admeasuring 28 cents (11.332 Ares) in Angadippuram Village (Malappuram District), is included in the Paddy Land Data Bank maintained under the 2008 Act and was never converted prior to 12.08.2008 (the commencement of the Act), and consequently that no conversion or use of the said land for non-agricultural purposes is permissible except in strict compliance with the provisions of the 2008 Act and the orders of competent authorities thereunder.

vii. Dispense with filing of the translation of vernacular documents.

viii. Grant such other and further reliefs as this Hon’ble Court deems fit and proper in the facts and circumstances of the case.

(SIC)

2. When the statement of facts in this writ petition is perused, it is seen that the exhibits produced along with this writ petition are not marked as a copy of the original, but the exhibits are shown in brackets after stating the facts. Of course, in the affidavit accompanying the writ petition, it is stated that the documents produced are true copies of the original documents. Whether such an averment alone is sufficient or the exhibits are to be marked in the statement of facts is the question to be decided. It will be better to extract paragraph 1 of the statement of facts of this writ petition to show how Exhibit P1 is produced.

“The petitioner is a devoted farmer engaged in paddy cultivation in Angadipuram village, Malappuram district. In recognition of his efforts, he was awarded the best farmer (paddy) award in 2016 by the Angadipuram Grama Panchayat’s Krishi Bhavan (Exhibit P1). The petitioner cultivates paddy land in the vicinity of the