A property classified as purayidam cannot be subjected to restoration orders under the Kerala Conservation of Paddy Land and Wetland Act, as jurisdiction was exceeded by local authorities.

JUDGMENT :

VIJU ABRAHAM, J.

1. Since a common issue is involved in all these writ petitions, they were heard and disposed of by a common judgment.

W.P.(C)Nos.6520, 9726 & 9689 of 2021

2. These writ petitions are filed challenging an order issued by the Village Officer, Punnapra, wherein a direction was issued to the petitioners to restore the land to its original position, or else proceedings will be initiated against them.

W.P.(C)Nos.8535, 8586 & 8596 of 2023

3. These writ petitions are filed challenging an order dated 21.02.2023 issued by the District Collector, Alappuzha, wherein a direction was issued to the petitioners to restore the property to its original position on finding that the property has been illegally converted and further, directing the Agricultural Officer to take steps to include the property in the data bank and also directing the Tahsildar(LR), Ambalappuzha to include the property as 'nilam' in the BTR.

4. W.P.(C)No.8535 of 2023 will be treated as the leading case and the facts pleaded in the said writ petition are adverted to here:

A property having an extent of 5 Ares 99 sq.m., comprised in Sy.No.442/16 of Punnapra Village(old Sy.No.158/1A1) was purchased by the petitioner as per Ext.P1 sale deed and the said purchase was made after ascertaining the true nature of the property, since the petitioner wanted to purchase a pacca dry land for the purpose of construction of a building upon the said property. Ext.P2 fair value notification fixed the land value of the said land as Rs.2,25,000/-, treating the said property as a residential plot with national highway - PWD road access. By Ext.P3, the Agricultural Officer, Krishibhavan, Punnapra intimated that the property is not included in the data bank. In Ext.P4 Basic Tax Register(BTR) the nature of the property is entered as a dry land (purayidam). Consequently Ext.P5 tax receipt also shows the property as purayidam. Ext.P7 is the Thandaper Register in respect of the property showing the property as purayidam and Ext.P8 Possession Certificate, where the land has been classified as dry land and after purchasing the property, mutation was effected and thereafter Ext.P9 land tax receipt was issued, which also shows the property as purayidam and further, Ext.P10 Possession Certificate after the purchase also reveals that the property has been classified as dry land. A road is passing through the northern boundary of the property under the ownership and possession of the petitioner. The Panchayat road underwent development work and gradient of the road was raised consequently, making the property of the petitioner low lying land. The petitioner would submit that he has verified every documents and records and on being satisfied that the subject property is purayidam, he has purchased the same as per Ext.P1. While so Ext.P12 notice was issued by the Village Officer, Punnappra directing the petitioner to stop the leveling work of the land and to restore the nature of the land to its original position. Aggrieved by the same a writ petition was filed as W.P.(C)No.6520 of 2021, which is also posted along with this writ petition, and by Ext.P13 interim order the Court directed the District Collector to consider the objections of the petitioner against Ext.P12 stop memo and to take a decision on the same. Ext.P15 satellite images from the KSREC was also obtained. While the matter was pending before the District Collector, this Court has issued Ext.P16 interim order staying the operation of Ext.P12 stop memo. The District Collector without considering the contentions of the petitioner in a proper manner, passed Ext.P17 order concluding that, the land is a marshy