The Village Officer lacks authority to issue a stop memo under the Kerala Conservation of Paddy Land and Wetland Act, 2008.

JUDGMENT

The above writ petition is filed with the following prayers:

“(a) Issue a writ of certiorari or other appropriate writ or direction calling for the records leading to Exhibit.P3 stop memo and quash the same.

(b) Grant such other reliefs as this Hon’ble Court deems fit on facts and circumstances of the case.

(c) Award cost of the proceedings.” (SIC)

2. The petitioner is the absolute owner of

15.23 Ares of unnotified land is the submission. The Revenue Divisional Officer, Fort Kochi issued Ext.P1 order in a Form-6 application submitted by the petitioner in accordance with Kerala Conservation of Paddy Land and Wetland Act , 2008 (for short “Act 2008”). Consequently, the 2nd respondent Village Officer made necessary changes in the revenue records and made endorsement to the effect that “സ്വഭാവ വ്യതിയാനം വരുത്തിയ പുരയിടം" as evident by Ext.P2 is the submission. When the petitioner attempted to level the land to make it suitable for construction of building, the 2^nd respondent issued Ext.P3 stop memo. Aggrieved by the same, this writ petition is filed.

3. Heard, the learned counsel appearing for the petitioner and the learned Government Pleader. 4. It is an admitted fact that the petitioner obtained Ext.P1 order, which is an order passed in a Form-6 application as per the Act 2008. In such circumstances, the petitioner can do the needful to convert the land. The Village Officer has no authority to issue a stop memo for the alleged violation of the provisions of the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008. In such circumstances, Ext.P3 can be set aside. But, I make it clear that, if there is violation of any other provisions of any Act and Rules, the authority concerned can do the needful, in accordance with law. With the above observation, Ext.P3 can be set aside.

Therefore, this Writ Petition is allowed, setting aside Ext.P3 stop memo.

Sd/-