The Court allowed a writ petition challenging a Stop Memo issued by the Village Officer alleging the petitioner's land was 'Nilam'. Relying on prior precedent and stating the relevant Act does not empower the officer for this action, the Court set aside the Stop Memo.
Ext.P3 (Stop Memo) is set aside.
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 N.NAGARESH
WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945
WP(C) NO. 14382 OF 2023
PETITIONERS:
VIMAL VASU
AGED 40 YEARS
S/O P. K. PHILIP, RESIDING AT KUTTIYIL HOUSE,
VETTIKODE P.O., KATTANAM VILLAGE, KURATHIKAD,
ALAPPUZHA, PIN – 690503
BY ADVS.
SAYUJYA
K.R.RAJEEV KRISHNAN
RESPONDENTS:
1 THE STATE OF KERALA REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 REPRESENTED BY ITS SECRETARY2 THE DISTRICT COLLECTOR COLLECTORATE, F8VH+2CG, BESIDE ZILLA PANCHAYAT OFFICE, CIVIL STATION WARD, ALAPPUZHA, PIN - 6880013 THE REVENUE DIVISIONAL OFFICER RDO OFFICE, MAVELIKARA, KOZHENCHERY ROAD, SH 10, CHENGENNUR, ALAPPUZHA, PIN - 689121SMT.DEEPA N, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.14382 of 2023
JUDGMENT
Dated this the 2nd day of August, 2023
The petitioner is aggrieved by Ext.P3 Stop Memo issued by the Village Officer, Chennithala on 15.07.2021.
3
WP(C) No.14382 of 2023
described in the Basic Tax Register cannot be ignored and the land cannot be treated as ‘Nilam’.
to issue a Stop Memo in the nature of Ext.P3. For all the above reasons, the petitioner is entitled to succeed. Ext.P3 is therefore set aside.
The writ petition is disposed of as above.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.14382 of 2023
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APPENDIX OF WP(C) 14382/2023
PETITIONER EXHIBITS
Exhibit.P1A TRUE PHOTOCOPY OF THE SALE DEED
NO.590/1/2021 OF THIRUVALLA SRO
DT.23.06.2021
Exhibit.P2A TRUE PHOTOCOPY OF THE LAND TAX
RECEIPTOFTHEYEAR2021-22
DT.16.07.2021.
Exhibit.P3A TRUE PHOTOCOPY OF THE INJUNCTION
ORDER DT.15.07.2021 ISSUED BY THE
VILLAGE OFFICER, CHENNITALA, ALAPPUZHA
Exhibit.P4A TRUE PHOTOCOPY OF THE COMPLAINT
DT.05.08.2021 FILED BY THE PETITIONER
AND 3 OTHERS BEFORE THE 2ND RESPONDENT
Exhibit.P5A TRUE PHOTOCOPY OF THE RECEIPT
DT.12.08.2021 FILED BY THE PETITIONER
AND 3 OTHERS BEFORE THE 2ND RESPONDENT
Exhibit.P6A TRUE PHOTOCOPY OF THE ACKNOWLEDGMENT
CARD DT.13.08.2021
2 issues framed by the court
Whether a Stop Memo issued by the Village Officer describing land as 'Nilam' is sustainable when the Basic Tax Register describes it as 'Purayidam' and prior judgment law applies.
Whether the Kerala Conservation of Paddy Land and Wetland Act, 2008 empowers the Village Officer to issue a Stop Memo in the present context.
Colour shows how this judgement treated each authority
Indira v. Sub CollectorRelied on¶22
Indira v. Sub Collector [2020 (4) KLT 635]
Vimal Vasu
State of Kerala
The District Collector
The Revenue Divisional Officer
N. Nagaritha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court