Owners of paddy fields challenged a stop memo directed at their construction activities. The court held that parties are entitled to explain before the authority and dismissed the writ, leaving the matter to be guided by subsequent statutory proceedings and notices.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY ,THE 13TH DAY OF NOVEMBER 2018 / 22ND KARTHIKA, 1940
WP(C).No. 7290 of 2018
PETITIONERS:
1 JAMES K MATHEW AGED 55 YEARS, S/O MATHEW, PARAMBATH KIZHAKKEKARA HOUSE, EZHAKKARANADU PANCHAYATH, MANEEDU VILLAGE,EZHAKKARANADU PO, PIN. 682 308, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT.
2 LAYA JAMES AGED 49 YEARS, W/O JAMES K MATHEW, PARAMBATH KIZHEKKEKARA HOUSE, EZHAKKARANADU PANCHAYATH,MANEEDU VILLAGE, EZHAKKARANADU PO,PIN.682 308, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT.
BY ADVS. SRI.BABU JOSEPH PYNADATH KUM.KRISHNA RAJENDRAN
RESPONDENTS:
1 ANGAMALY VILLAGE OFFICE, ANGAMALY, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683 572 REPRESENTED BY ITS VILLAGE OFFICER.
2 VILLAGE OFFICER, ANGAMALY, ALUVA TALUK, ERNAKULAM DISTRICT, PIN.683 572
SRI P M MANOJ -SR GOVT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 7290 of 2018 2
JUDGMENT
The petitioners are the owners of 161.55 Ares
of property comprised in Block No.XII of Angamaly Village, Ernakulam District. The said properties
are purchased as per various sale deeds executed before the S.R.O, Angamaly, and the same is lying as a compact land. While the petitioners were
enjoying the property, petitioners are served with
Ext.P4 stop memo, pointing out that, the
petitioners are doing developmental activities in a property remaining in the Village records and B.T.R
as 'paddy fields'. Therefore, petitioners were
directed to stop the construction activities and
report the matter to the village office. It is thus challenging Ext.P4 and seeking other consequential reliefs, this writ petition is filed.
Government Pleader pointed out that, subsequent to
Ext.P4, a show cause notice dated 03/01/2018 is
issued to the petitioners, directing the
WP(C).No. 7290 of 2018 3
petitioners to be present before the Revenue Divisional Officer, and file suitable reply in
accordance with the activities undertaken by the
petitioner.
petitioners, and learned Senior Government Pleader and perused the pleadings and documents on record.
clear that, what is under challenge in this writ petition is a stop memo issued. When a stop memo is issued, petitioners are entitled as of right to
appear before the said authority and explain the circumstances under which they are carrying on the developmental activities in the property included in the B.T.R and village records as paddy fields. Therefore, I do not propose to interfere with Ext. P4. The petitioners are at liberty to submit appropriate reply before the District Collector in accordance with the notice dated 03/01/2018 and participate in the said proceedings.
petitioners are interested or inclined to submit
WP(C).No. 7290 of 2018 4
any application before the statutory authorities under the Kerala Conservation of Paddy Land and Wetland Act, 2008, as also in accordance with the provisions of the Kerala Land Utilisation Order, 1967 read along with sec.27A of the Act 2008 as amended by Act 2018, petitioners will be at liberty to do so. If the proceedings are continued with as per Ext.P4 notice dated 03/01/2018 the said proceedings will be guided by the orders passed by the statutory authorities in accordance with the directions contained above.
This writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY
JUDGE
WP(C).No. 7290 of 2018 5
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF SALE DEED NO.1560/2016 OF S.R.O ANGAMALY DATED 20.05.2016 |
|---|---|
| EXHIBIT P2 | TRUE COPY OF BASIC TAX RECEIPT DATED 06.05.2017 ISSUED BY THE VILLAGE OFFICER, ANGAMALY. |
| EXHIBIT P2(A) | TRUE COPY OF THE BASIC TAX RECEIPT DATED 06.05.2017 ISSUED BY VILLAGE OFFICER, ANGAMALY. |
| EXHIBIT P2(B) | TRUE COPY OF THE BASIC TAX RECEIPT DATED 06.05.2017 ISSUED BY VILLAGE OFFICER, ANGAMALY. |
| EXHIBIT P2(C) | TRUE COPY OF THE BASIC TAX RECEIPT DATED 06.05.2017 ISSUED BY VILLAGE OFFICER, ANGAMALY. |
| EXHIBIT P2(D) | TRUE COPY OF THE BASIC TAX RECEIPT DATED 06.05.2017 ISSUED BY VILLAGE OFFICER, ANGAMALY. |
| EXHIBIT P3 | PHOTOGRAPHS SHOWING THE PROPERTY OF THE PETITIONERS. |
| EXHIBIT P4 | TRUE COPY OF THE STOP MEMO ISSUED BY VILLAGE OFFICER, ANGAMALY VILLAGE DATED 03.01.2018 |
// TRUE COPY//
JS PA TO JUDGE
2 issues framed by the court
Whether a stop memo issued by the Village Officer against construction on paddy fields should be quashed immediately.
Whether the petitioners are entitled to appear and explain before the Revenue Divisional Officer regarding developmental activities.
4 provisions across 3 enactments
JAMES K MATHEW
LAYA JAMES
ANGAMALY VILLAGE OFFICE
VILLAGE OFFICER
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
