IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

THURSDAY, THE

1st DAY OF AUGUST 2024 / 10TH SRAVANA, 1946 WP(C) NO. 5154 OF 2024 PETITIONER(S):

AJITH KRISHNA K.R., AGED 27 YEARS

1 S/O. K.K. RAJAN, KARUTHEDATH HOUSE, ANGAMALY P.O., JOSE PURAM,ERNAKULAM DISTRICT, PIN - 683572 ALBIN ANTU, AGED 30 YEARS

2 S/O. M.O. ANTU, MADATHUMPADI HOUSE, ANGAMALY P.O., ERNAKULAM DISTRICT, PIN - 683572 CHINCHU ANOOP, AGED 37 YEARS

3 W/O. ANOOP, CHERIYA CHANASSERY HOUSE, ANGAMALY P.O., ERNAKULAM DISTRICT, PIN - 683572 M.O. ANTU, AGED 54 YEARS

4 S/O. OUSEPH, MADATHUMPADI HOUSE, ANGAMALY P.O., ERNAKULAM DISTRICT, PIN - 683572 JOJO THOTTUNGAL, AGED 50 YEARS

5 S/O. DEVASSYKUTTY, CHIRACKAL VEEDU, ANGAMALY P.O., ERNAKULAM DISTRICT, PIN - 683572 JOY VARGHESE, AGED 58 YEARS

6 S/O. VARGHESE, CHIRACKAL HOUSE, ANGAMALY P.O., ERNAKULAM DISTRICT, PIN - 683572 M.N. BABU, AGED 58 YEARS

7 S/O. NARAYANAN, MARAYIPARAMBIL HOUSE, ANGAMALY P.O., ERNAKULAM DISTRICT, PIN - 683572 BENNY, AGED 54 YEARS

8 S/O. SABU, KOLEMCHERY HOUSE, ANGAMALY P.O., ERNAKULAM DISTRICT, PIN - 683572 ALPHONSA V.V., AGED 50 YEARS

9 W/O. ANTU, MADATHUMPADI HOUSE, ANGAMALY P.O., ERNAKULAM DISTRICT, PIN - 683572

10 JINI MARTIN, AGED 45 YEARS W/O. MARTIN, PULICKAL HOUSE, ANGAMALY P.O., ERNAKULAM DISTRICT, PIN - 683572 ANOOP C.C. , AGED 43 YEARS

11 S/O. CHINNAN, CHERIYA CHANASSERY HOUSE, ANGAMALY P.O., ERNAKULAM DISTRICT, PIN - 683572 BY ADVS.

V.N.HARIDAS SAIFUDEEN T.S B.SHAMEERA NIMISHAMOL SASIDHARAN RESPONDENTS:

STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, LOCAL SELF-

1 GOVERNMENT DEPARTMENT, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM, PIN - 695001 ANGAMALY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, ANGAMALY MUNICIPAL

2 OFFICE, ANGAMALY P.O., ERNAKULAM DISTRICT, PIN -

683572

3 THE SECRETARY, ANGAMALY MUNICIPALITY ANGAMALY MUNICIPAL OFFICE, ANGAMALY P.O., ERNAKULAM DISTRICT, PIN - 683572

4 KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHAIRMAN, HEAD OFFICE, PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695004 THE DIRECTOR GENERAL, KERALA FIRE AND RESCUE SERVICES HEADQUATERS, FIRE

5 FORCE JUNCTION, PULIMOODU P.O, THIRUVANANTHAPURAM, PIN - 695001 ADDL.R6 THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD,HEAD OFFICE, 6 PATTOM P.O,THIRUVANANTHAPURAM - 695004 [ADDL.R6 IS IMPLEADED AS PER ORDER DATED 14.02.2024 IN I.A-

No.1/2024 IN WP(C) 5154/2024]

BY ADVS.

C.S.AJITH PRAKASH PUBLIC PROSECUTOR OTHER PRESENT:

SRI.T.NAVEEN, SC, SMT.DEVI SHRI R., GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING MOHAMMED NIAS C.P., J.

==========================

W.P(C) No. 5154 of 2024 ========================== Dated this the 1^st day of August, 2024

J U D G M E N T

It is seen that the 62.39 Ares of land in Re-survey Nos.

38/4/1, 35/8/2, 38/2 and 138/4/2 in Block 12 of Angamaly Village in Ward 20 belonging to the Angamaly Municipality is recorded as ‘Nilam’ in revenue records.

2. It is stated that construction is going on in the said property which is shown as ‘Nilam’ in the Revenue records at the instance of the Municipality. The Municipality is stated to have approached the Principal Secretary on 06.06.2024, for getting permissions under Section 10 of the Kerala Conservation of Paddy Land and Wetland Act and the Rules, 2008.

3. There will be a direction to the 1st respondent to take such steps to prevent any construction by either conversion or reclamation as given the prohibition under Section 3 of the Act and the Rules that interdicts any owner, occupier or the person in custody of any paddy land from undertaking any activity for conversion or reclamation of the paddy land except in accordance with the provisions of the Act. Admittedly, to date, no exemption has been granted under Section 10 of the Act and the Rules. As the Municipality is also bound by the provisions of the Act and the Rules and enjoined not to flout any provision of law. till permissions are obtained by the Municipality, pursuant to their