KOCHI – The Kerala High Court has issued a significant ruling in favor of the Kerala Cricket Association (KCA), staying the proposed demolition of the cricket ground in Badiyadka, Kasaragod. Characterizing the sports facility as a “public necessity,” the Court directed the State Government to approach the matter with the gravity it deserves. Justice Viju Abraham, while considering the petition filed by the KCA, ordered that the existing interim stay on demolition shall remain in force until a final administrative decision is reached. The Court has further directed the Principal Secretaries of the Local Self-Government and Revenue Departments to take a final decision on the matter within four months.
The Court observed that the District Collector’s earlier finding, which alleged that the KCA had encroached upon 1.09 acres of government land, was not based on a scientific survey. Acknowledging the KCA’s contention, the Court granted the Association the liberty to request a formal scientific survey. Upon such a request, the authorities are mandated to conduct a precise survey, the reports and sketches of which must be directly verified by the Government.
Regarding the allegations involving 40 cents of unassessed canal land, the KCA informed the Court that the land was already filled at the time of purchase and the existence of a waterbody was not apparent. The Court also took note of the Collector’s report stating that the diversion of the water flow had not adversely affected the local ecosystem. To resolve the impasse, the KCA has proposed providing an equivalent area of land to the Badiyadka Panchayat or taking the disputed portion on a long-term lease. Given that the Badiyadka Panchayat and the Director of Panchayats had previously signaled their concurrence with these proposals, the High Court instructed the Government to consider these recommendations in its final decision. Advocate K.N. Abhilash represented the Kerala Cricket Association in the proceedings.
