A stop memo requiring permission for agricultural intent was overturned as the intention was deemed sufficient without prior registration under the Act.

JUDGMENT

The petitioner has approached this Court challenging Ext.P10 stop memo issued to him on the ground that he is alleged to have violated the provisions of the Kerala Conservation of Paddy Land and Wetland Act , 2008(for short ‘the Act, 2008’).

2. The learned counsel for the petitioner submits that the property in question is not included in the data bank and that the petitioner’s intention is only to level the property for the purpose of undertaking agricultural activities therein.

3. The learned Government Pleader submits that after the coming into force of Section 27A, even if the property is not included in the data bank, the petitioner is required to obtain orders under Section 27A of the Act, 2008, if the property is to be used for any purpose other than agricultural purposes. Since the intention of the petitioner is only to undertake agricultural activities in the property, the same is covered by the judgment of this Court in Deepu v. District Collector, Kollam [2022 (5) KHC 90], wherein it is held that if the owner of an unnotified land does any activity in the land, without he having any intention to utilise the land for residential, commercial or other purpose, permission of the Revenue Divisional Officer will not be required for such activity.

4. The submission of the petitioner that his intention is only to undertake agricultural activities in the subject property, is recorded. In the light of the above, Ext.P10 order is set aside, making it clear that this judgment will not prevent the authorities from initiating any action in accordance with law, in the event of the land being used for purposes other than agricultural purposes.

The writ petition is disposed of as above.

Sd/-