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‘Unfair litigation': HC slaps fine on state govt
‘Unfair litigation': HC slaps fine on state govt

Time of India

time6 days ago

  • Business
  • Time of India

‘Unfair litigation': HC slaps fine on state govt

Kochi: HC has imposed a cost of Rs 25,000 on the state govt while dismissing its appeals against single bench orders directing correction of land status in the revenue records, holding that the state had engaged in unfair litigation. A bench of Justice A K Jayasankaran Nambiar and P M Manoj criticised the state govt for attempting to harass the petitioner, Mananchira Township Complex Pvt Ltd, through unnecessary litigation instead of complying with the single bench's order. The court directed that the amount be paid to the petitioner within a week and clarified that the state is at liberty to recover it from the tahsildar concerned, if it finds him responsible for the cost order. In 2020, the petitioner had approached the HC seeking directions to correct the classification of its land in Marathakkara village, Thrissur, shown as paddy land despite having been reclaimed long before the Kerala Conservation of Paddy Land and Wetland Act came into force. The single bench ordered its reclassification as purayidam/dry land. However, the tahsildar (LR) allegedly reclassified the land as 'converted homestead', prompting another round of litigation. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like American Investor Warren Buffett Recommends: 5 Books For Turning Your Life Around Blinkist: Warren Buffett's Reading List Undo In 2024, the court again directed the tahsildar to pass a fresh order based on the land being assessed as purayidam/dry land, but it was informed that the tahsildar issued an order in blatant violation of this direction. Meanwhile, the tahsildar and the state govt filed review petitions against the single bench's orders, which were also dismissed, leading to the present appeals. While rejecting the appeals, the division bench noted that the state had chosen an unfair path to harass a citizen through prolonged litigation, pointing out that its earlier directions were not followed for almost four years. Even after a second single judge reiterated those directions, the tahsildar failed to comply. The court remarked that the conduct of the state in pursuing this litigation "smacks of unreasonableness and unfairness," and held that it must be "put to terms".

Landfilling of wetland continues to create tension in Vazhathuruthi
Landfilling of wetland continues to create tension in Vazhathuruthi

The Hindu

time19-05-2025

  • The Hindu

Landfilling of wetland continues to create tension in Vazhathuruthi

Tension is brewing in the Vazhathurthi area near the Sarovaram Biopark in Kozhikode once again after the workers of the Sarovaram Prakrithi Samrakshana Samithi and the Vazhathuruthi Residents' Association successfully stopped an attempt to continue the landfilling of Kottooli wetlands adjacent to a school compound. The workers noticed on Saturday (May 17, 2025)afternoon that the concrete that covers the courtyard of the school was being removed using an earthmover and being dumped into the wetland. This is the same area where they had spotted ongoing landfilling in November 2024 and obtained an order from the Kerala high court to maintain status quo. 'The school authorities claimed that they were only removing the concrete to lay tiles in the courtyard. However, we could see that more construction waste was dumped alongside the building in the wetland, where landfilling was carried out earlier. There were also tyremarks of the earthmover leading to the wetlands', said P.M. Jeejabai Secretary of the Vazhathuruthy Residents Association, that has been active in checking the ongoing landfilling of Kottooly wetlands at Vazhathuruthi. While the local people assembled and questioned the school management over the actions, the Revenue Department confiscated the earthmover. A team of officials led by Village Officer-in charge P. Dhanya of the Vengeri Village reached the spot and noted that the landfilling was indeed a violation of the Kerala Conservation of Paddy Land and Wetland Act, 2008. Meanwhile, the Samithi is planning to approach the District Collector with a petition under the Right to Information Act in connection with the disappearance of another earthmover, which was confiscated by the Revenue Department and stored in one of the compounds in the locality. The earthmover, which was confiscated in November 2024 after it was allegedly used to destroy mangroves in the wetlands, was reportedly stolen on Friday night. 'They had destroyed CCTVs in our locality so that we could not know where it was taken to', Ms. Jeejabai said.

Don't rely on revenue records alone while fixing compensation for acquired land, rules Kerala high court
Don't rely on revenue records alone while fixing compensation for acquired land, rules Kerala high court

Time of India

time05-05-2025

  • Politics
  • Time of India

Don't rely on revenue records alone while fixing compensation for acquired land, rules Kerala high court

Kochi: Kerala high court has held that, while determining compensation for acquired land, the authorities need not be solely guided by entries in revenue records. Justice Viju Abraham delivered the ruling while disposing of a plea by Mano Alex of Kottayam, who sought compensation for her land acquired by the National Highways Authority of India (NHAI). She contended that the land should be treated as 'purayidam' and not as paddy land, as recorded in the revenue entries. The petitioner submitted that the land had been converted prior to the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008, and that she had filed an application in 2010 for its removal from the data bank. Although HC had, in 2024, directed the revenue officials to consider her application, no action was taken. NHAI argued that the petitioner could pursue her claim before the competent authority under the National Highways Act, 1956. Upon examining the records, HC held that the authority must determine compensation by considering various parameters, not just the revenue records. These include title documents, the physical nature and use of the land prior to acquisition, the nature of the locality, infrastructural development in the area, proximity to roads, ease of access and the fair value notification, juxtaposed with the revenue entries. The court emphasised that the authority is statutorily obligated to conduct a comprehensive inquiry on these aspects. The petition was disposed of with liberty to the petitioner to raise all her contentions before the competent authority during the inquiry process.

Woes of paddy growers continue amid uncertainty over PRS loans
Woes of paddy growers continue amid uncertainty over PRS loans

The Hindu

time04-05-2025

  • Business
  • The Hindu

Woes of paddy growers continue amid uncertainty over PRS loans

After facing delays in procurement payments, Kerala's paddy farmers are now reeling from another blow as banks refuse to issue loans against paddy receipt sheets (PRS), triggering widespread anger among farming communities. PRS loans serve as payments for the paddy procured from them by the government. The delay in issuing these loans is now hindering the preparations for the upcoming 'Punja' farming season in Kuttanad and Upper Kuttanad, regions where farmers depend heavily on timely credit to begin the next crop cycle. According to farmers, many of them are reeling under debt crisis and are unable to commence the preparations for the upcoming season. The tendering for the dewatering of the fields usually begins in May, but financial constraints are hindering many farmers from starting the process. Farmers also point out that paddy procurement is slow in many paddy fields in Kuttanad and Upper Kuttanad region. Roping in banks This year, the State government has enlisted the State Bank of India (SBI) and Canara Bank to provide loans against PRS. But while a formal agreement was made, farmers claim key details remain unclear. The banks, on the other hand, argue that pending dues from last year's PRS-based loans have left them crippling. Canara Bank has now withdrawn entirely from the scheme, citing the need for higher interest rates, a move that has provoked strong criticism from the Nelkarshaka Samrakshana Samithi, which plans to meet in Changanassery on Tuesday to chart out protests against the bank's position. At the same time, SBI has agreed to issue loans but only against PRS dated up to March 15. 'The State government should establish a revolving fund to ensure timely payment for procured paddy. This fund can be financed using the fees collected for land conversion under the Kerala Conservation of Paddy Land and Wetland Act, 2008,' said Sonichan Pulinkunnu, general secretary of the Paddy Farmers' Protection Council in Kuttanad. He, however, alleged that the government has not even utilised the advance amount being provided by the Union government with respect to paddy procurement. The delays in repaying PRS loans by the Civil Supplies Corporation are negatively impacting farmers, as their CIBIL scores are being affected, he said. The farmers, meanwhile, also point out that assurances by the authorities to bring the Kerala Bank into the PRS loan scheme too remain unfulfilled.

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