The issuance of a stop memo requires clear jurisdictional authority under the relevant land statutes, especially when property classifications are settled.

JUDGMENT

This writ petition is filed seeking the following reliefs:

“(i) issue a writ of certiorari or any other appropriate writ or order calling for records relating to Exhibit P6 stop memo issued by the 1st respondent as it is illegal, arbitrary and not supported by any provision of law ;

(ii) dispense with english translation of documents produced in vernacular language;

(iii) Pass such other orders, interlocutory or otherwise which are deemed fit and proper in the interest of justice; and (iv) Allow this Writ Petition (Civil) with costs. ”

[SIC]

2. The petitioner is aggrieved by Ext.P6 stop memo issued by the Village Officer, Mulavukad, stating that there is unauthorised filling of the property of the petitioner. The petitioner relied on the judgment of this Court in Shanawaz Mytheenkunju v. Village Officer, Keerthikkad Village [ 2025 (1) KHC 447 ]. According to the petitioner, admittedly the property is not included in the date bank.

3. Heard the learned Government Pleader also.

4. I think there is some force in the argument of the petitioner. This Court in Shanawaz Mytheenkunju’s case (supra), observed like this :

“7. A perusal of Ext.P3 stop memo issued by the Village Officer also would reveal that the Village Officer was also aware of the fact that in the BTR, the property has been classified as 'purayidom', but issued the stop memo for the reason that in certain portion of the property there was water logging and there is law and order situation prevailing in the locality and till orders are obtained from the revenue authorities, all further activities in the property were directed to be stopped. Section 12 of the ct, 2008 empowers the Village Officer to direct any person to stop any action which is in contravention of Section 3 or Section 11 of the ct, 2008 . Section 3 is regarding prohibition on conversion or reclamation of paddy land and Section 11 deals with prohibition or reclamation of wetland. Therefore, Section 12 empowers the Village Officer to issue stop memo only if there is any activity undertaken in illegal conversion of paddy land or wet land. In W.P.(C) No.33656 of 2022, admittedly the property, even going by Ext.P3, is a 'purayidom' as per the BTR. The respondents have absolutely no case that the property was subsequently included in the data bank. In view of the fact that the property is a 'purayidom', I am of the view that the respondent Village Officer has absolutely no jurisdiction to issue a stop memo in the nature of Ext.P3. The other reason stated for the issuance of stop memo including the law and order situation and water logging etc., are not reasons for invoking the power under Section 12 of the ct, 2008 .

8. A s regards the reason stated for the issuance of Ext.P3 stop memo that there is water logging in the property, I am of the view that, that cannot be a reason for the issuance of a stop memo in view of the judgment of this Court inJessy braham v. Land Revenue Commissioner, Thiruvananthapuram [ 2021 (6) KHC 316 ] wherein it is categorically held that merely for the reason that the land is lying low and is waterlogged, same cannot be included as paddy land in the data bank. The contention of the learned Government pleader that the property was originally 'Nilam' in the settlement register and therefore, the action evidenced by Ext.P3 is legally sustainable also cannot be accepted in the light of the judgment of this CourtIndira P.S. and Others v. Sub Collector, Fort Kochi and nother [ 2020 (4) KHC 33 ] wherein this Court has held that BTR is a vital statutory document and entries in such a vital statutory document cannot be simply ignored and that the said description in the BTR cannot be disturbed merely because in some old records like the old settlement register, description of property is shown otherwise. In view of the cate