VIJU ABRAHAM
Shanawaz Mytheenkunju – Appellant
Versus
The Village Officer, Keerikkad Village – Respondent
JUDGMENT
Since a common issue is involved in these writ petitions, both were heard and disposed of by this common judgment.
2. W.P.(C)No.33656 of 2022 is filed challenging Ext.P3 stop memo issued by the respondent, whereas W.P.(C)No.39930 of 2022 is filed seeking a direction to the official respondents to initiate appropriate steps to reclaim the nature of the land, which is in possession of the 5 th respondent(the petitioner in W.P.(C) No.33656 of 2022), to its original position and for other consequential reliefs.
3. The petitioner in W.P.(C)No.33656 of 2022 is the owner and in possession of certain extent of property covered by Ext.P1 sale deed. In Ext.P1, the property is classified as 'Purayidom'. The property was mutated and land tax was accepted as per Ext.P2. The contention of the petitioner is that some real estate dealers who reside near the property of the petitioner has approached the W.P.(C). Nos.33656 & 39930 of 2022 vendor of the Ext.P1 property to sell the same to them at a lower price and the vendor did not heed to their demands. After the purchase of the property by the petitioner also, they attempted to trespass and cause damage t
The classification of land in the Basic Tax Register is authoritative, and a stop memo cannot be issued for 'purayidom' property under the Kerala Conservation of Paddy Land and Wetland Act, 2008.
The Village Officer lacked jurisdiction to issue a stop memo for property classified as 'purayidom', emphasizing the importance of the Basic Tax Register in determining land classification.
The classification of land in the Basic Tax Register is authoritative, and the Village Officer lacks jurisdiction to issue stop memos when the property is classified as 'purayidom'.
The issuance of a stop memo requires clear jurisdictional authority under the relevant land statutes, especially when property classifications are settled.
The court held that stop memos must be based on specific factual findings regarding property status under conservation laws.
A stop memo under the Kerala Conservation of Paddy Land and Wetland Act must be substantiated with factual evidence regarding the property.
The District Collector must consider all relevant evidence before passing orders affecting property rights under conservation laws.
The court emphasized the importance of respecting previous judgments and orders, and the impermissibility of reopening concluded judgments.
The requirement of due process and proper authority is crucial in land classification and regulation under the Kerala Conservation Act and CRZ notifications.
Land not classified as wetland can be utilized without reclamation restrictions under the relevant Act.
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