The issuance of a stop memo does not prevent the consideration of a Form-5 application under the Kerala Conservation of Paddy Land and Wet Land Act.

JUDGMENT

The above writ petition is filed with the following prayers:

“(i) Issue a writ of mandamus directing the 2^nd respondent to consider and pass appropriate orders on Exhibit-P6 application submitted in Form 5 of the Kerala Conservation of Paddy Land and Wet Land Act and Rules within a time frame fixed by this Hon’ble Court.

(ii) Issue a writ of mandamus directing the 2^nd respondent to consider and pass appropriate orders on Exhibit-P7 representation within a time frame fixed by this Hon’ble Court.

(iii) Issue a writ of certiorari or any other appropriate order to call for and quash Exhibit-P5 stop memo issued by the 3^rd respondent.

(iv) Considering the exigencies and necessity for urgent consideration of the grievance voiced in this Writ Petition, production of English translations of documents in vernacular, may kindly be dispensed with for the time being.

(v) To grant such other reliefs as this Hon’ble Court may deem just and proper according to the facts and circumstances of the case.

(vi) Pass an order to impose exemplary costs upon the respondents.”

2. A Form-5 application filed in accordance with the provisions of the Kerala Conservation of Paddy Land and Wet Land Act , 2008, was returned to the petitioner stating that a stop memo had been issued by the Village Officer, as evident by Ext.P5. Aggrieved by the same, this writ petition is filed.

3. Heard the learned counsel for the petitioner and the learned Government Pleader.

4. I am of the considered opinion that, if a Form-5 application is filed by a party, it is the duty of the authorised officer to consider the same and pass appropriate orders on merits. The issuance of a stop memo is not a reason for not considering a Form-5 application. Therefore, the petitioner can resubmit the Form-5 application, and a direction can be issued to consider the same in accordance with law.

Therefore, this writ petition is disposed of in the following directions:

1. The petitioner will resubmit the Form-5 application before the 2^nd respondent/ authorised o ten days from the date of receipt of a copy of this judgment.

2. The additional 5^th respondent is directed to submit the necessary report based on the resubmitted Form-5 application to the 2^nd respondent/Authorised Officer, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.

3. The 2^nd respondent/Authorised O consider the resubmitted Form-5 application (if it is pending and if it is in order) based on the report received from the additional 5^th respondent, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of the report.

4. The petitioner will produce a certified copy of this judgment, along with a copy of this Writ Petition with exhibits, before the 2^nd and 5^th respondents for compliance.

5. The challenge against Ext.P5 is left open.

Sd/-