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