IMPORTANT POINT
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.

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 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 to the property and thereupon the petitioner has filed O.S. No.326 of 2022 on the files of the Munsiff's Court, Kayamkulam and an order of interim injunction was also granted. As the property covered by Ext.P1 was an uneven land, the petitioner took steps to level the land by filling the same with gravel. While so, Ext.P3 stop memo was issued by the respondent Village Officer, though the petitioner apprised the respondent that as per the Basic Tax Register(BTR) the property is 'purayidom' and as certain places were waterlogged he was attempting to level the property. It is seen that an interim order was granted by this Court on 26.10.2022 against Ext.P3 stop memo.

4. A detailed counter affidavit has been filed by the petitioner in W.P.(C)No.39930 of 2022 contending that the property is a wet land and the provisions of Kerala Conservation of Paddy Land and Wetland Act, 2008 (in short 'the Act, 2008') is applicable and since various complaints were received by the authorities regarding the property, Ext.P3 stop memo was issued by the 1 ^st respondent Village Officer stating that some areas seems to be wet land and directing stoppage of all further activities of the petitioner to fill up and convert the wet land, till final orders are issued by the concerned authorities.

5. The petitioner in W.P.(C)No.39930 of 2022 is the neighbouring property owner of the 5 ^th respondent(petitioner in W.P.(C) No.33656 of 2022). The contention of the petitioner is that the property of the 5 ^th respondent falls under the provisions of the Act, 2008 and that the property was remaining uncultivated and fallow for the past few years and during the time of rain, the rain water from nearby properties and roads flows through drainage and reaches in the property in question and from there it flows to the panchayath drainage adjacent to the property. It is the contention of the petitioner that the 5 ^th respondent started filling up the property illegally and thereupon the petitioner and the other neighbouring property owners have approached the Munsiff Court, Kayamkulam by filing O.S.No.342 of 2022 seeking a declaration that the property in question is a wet land and seeking a further direction to restore the property to its original position by removing gravel from the property and further submitted that the said suit is still pending consideration. While so, Ext.P6 stop memo was issued by the Village Officer stopping all the activities of the 5 ^th respondent for the conversion of wetland to dry land. Thereafter certain complaints were preferred by the petitioner, but no action has been taken by the authorities and in the said circumstances that the present writ petition has been filed.

6. The learned Government Pleader upon instructions submitt