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MURALI PURUSHOTHAMAN
C. K. P. Thahira – Appellant
Versus
Village Officer – Respondent
JUDGMENT :
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
The petitioners are co-owners in possession of property having an extent of 1 Hectare 82 Ares 5 Sq. Mtr comprised in Re.Sy. Block No. 115 (old 182), Re.Sy. No.2, Re.Sy. Sub Division No. 101, old Sy. No. 18, old Sy. Sub Division No. 1 of Thiruvangad Village, Thalassery Taluk by virtue of Ext. P1 partition deed. Though the said property is classified as 'Nilam' in the Basic Tax Register, it is not included in the data bank published under Section 5 (4) (i) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 [for brevity, 'the Act, 2008'].
2. The petitioners entered into Lease agreement with one Marsook, a fisherman, to conduct fish farming activity in one acre of petitioners' property lying beside the Kuiyally river. The fish farming project is approved by the Fisheries Department. When the lessee started strengthening of the outer bunds abutting the Kuiyally river, there were obstruction from certain local people. The 1st respondent, the Village Officer, issued Ext. P7 stop memo to the petitioners under Section 12(2) (b) of Act, 2008. Ext. P7 stop memo is challenged in the writ petition.
3. The petitioners contend that
The court determined that a stop memo issued under the Kerala Conservation of Paddy Land and Wetland Act is illegal if the property is not included in the official data bank.
A stop memo requiring permission for agricultural intent was overturned as the intention was deemed sufficient without prior registration under the Act.
The court emphasized the importance of respecting previous judgments and orders, and the impermissibility of reopening concluded judgments.
Authorised officer must independently assess land nature on 12.08.2008 using inspection or satellite imagery before rejecting exclusion from paddy land databank.
The main legal point established is that the Revenue Divisional Officer must independently assess the status of the land and consider the impact of removing the land from the Data Bank on paddy culti....
The court emphasized the need for independent assessment of the status of the land and consideration of its impact on paddy cultivation and wetlands when deciding on the exclusion of land from the Da....
The assessment of land suitability for paddy cultivation must be substantiated by comprehensive evaluations, including prior agricultural use and relevant statutory principles.
The competent authority must thoroughly assess the nature and suitability of the land for paddy cultivation before making exclusion decisions under conservation laws.
The authorized officer must conduct an independent inspection and evaluation of land character prior to exclusion from paddy land data bank.
Authorized officer must comply with statutory requirements when assessing land use classification under the Kerala Conservation of Paddy Land and Wetland Act.
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