N Thangaraj, a JCB owner in Kasaragod, Kerala, is facing severe financial troubles as Revenue officials have imposed a fine of Rs 45 lakh on him for removing soil from a Kabristan area near the Nazrat-ul-Islam Jamaath Mosque in Ganesh Mukku. The action against him was initiated on allegations of illegally filling wetlands listed in the data bank.
As a result, Thangaraj’s JCB was confiscated by the district collector. Despite providing clarification that he was hired by the mosque committee to remove the soil, he has been left solely accountable for the penalties as the committee has distanced itself from Thangaraj.
The sequence of events
On 24th June 2023, Thangaraj was called by the mosque committee to remove soil from the Kabristan site. Soon after, Chandera Sub-Inspector MV Sreedas and agriculture department officials intervened, suggesting that the land from which the sand was removed was protected under the Kerala Conservation of Paddy Land and Wetland Act, 2008. They brought the JCB to the police station. Initially, the revenue department imposed a fine of Rs 12 lakh on Thangaraj for removing the sand.
The mosque committee lodged a complaint with MLA NA Nellikkunnu at the collectorate. However, on 14th June 2024, the penalty was raised to Rs 45 lakh. The district collector valued the JCB at Rs 29.9 lakh and imposed a fine equivalent to 1.5 times its value as per the Act.
On 27th July 2024, the JCB was confiscated by the collector from the police station under the provisions of the said Act, as Thangaraj was unable to pay the fine. The vehicle has since been rusting at the Chandera police station, leaving Thangaraj and his family in financial ruin.
Thangaraj said that the mosque committee abandoned him despite being the ones who had called him to remove the sand. He said, “The committee now claims I was not called and has refused to assist with the fine. I cannot enter the site with a JCB without being asked. There’s no way to survive.”
His family includes his wife and twin daughters. He has filed multiple petitions seeking relief but has not received any response. As per reports, Thangaraj purchased the JCB using all his life savings and a loan of Rs 37 lakh. For 18 months, his JCB has been collecting rust, and he has been unable to recover it despite all efforts. Thangaraj, in a statement, said that he and his family are on the verge of suicide as all sources of income have stopped.
What the law says about sand removal and penalties
The Kerala Conservation of Paddy Land and Wetland Act, 2008, prohibits the removal of sand or soil from wetlands to protect agricultural sustainability and the ecological balance. Under Section 11 of the Act, any unauthorised removal or reclamation of wetlands is banned. Section 20 grants district collectors the authority to confiscate machinery involved in such violations and impose fines up to 1.5 times the value of the seized property. These provisions aim to curb the rampant conversion and degradation of ecologically sensitive lands.
In Thangaraj’s case, the officials claim that he violated these provisions by aiding in the filling of approximately 60 loads of soil spanning an area of 20 metres by 12 metres. The Act categorically holds individuals accountable for activities contributing to wetland destruction, whether carried out knowingly or under directives from third parties. However, Thangaraj insists that he was misled by the mosque committee and has sought mercy from the authorities. While the Act imposes severe implications for violating wetland conservation laws, it requires clarity on the division of responsibilities between landowners and contractors.
