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2026 Supreme(Online)(Ker) 14128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
TOMY JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 13072 OF 2022
For the Appellants/Petitioners: SHRI.JOSY ANTONY
For the Respondents: GP- RIYAL DEVASSY
The court determined that a stop memo issued under the Kerala Conservation of Paddy Land and Wetland Act is illegal if the property is not included in the official data bank.
Headnote:The petitioner challenges a 'stop memo' regarding the classification of property as 'nilam' under the Kerala Conservation of Paddy Land and Wetland Act, 2008. The court finds no inclusion of the property in the data bank, and thus, the memo is deemed illegal.
Result: The writ petition is allowed, and the stop memo is set aside.
| Table of Content |
|---|
| 1. challenge to stop memo based on property classification. (Para 1 , 2) |
| 2. court finds stop memo issued without proper basis. (Para 3) |
JUDGMENT
Dated this the 26th day of February, 2026 Petitioner has approached this Court challenging Ext.P5 stop memo issued by the Village Officer stating that in the BTR the property has been classified as ‘nilam’.
2. Petitioner submits that the property is not included in the data bank as evident from Ext.P6 and therefore the Village Officer cannot invoke the power under Sections 12 and 13 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (for short, ‘Act, 2008’), for taking any steps and to issue a stop memo in the nature of Ext.P5.
3. The learned Government Pleader upon instructions submitted that the property is not included in the data bank, and the Agricultural Officer has recommended not to proceed under Section
13 of the Act, 2008.
In the light of the above, and taking into consideration the fact that the property is not included in the data bank as evident from Ext.P6, Ext.P5 is illegal and unjust. Accordingly, above writ petition is allowed setting aside Ext.P5 stop memo.
Sd/-
