Kerala High Court
Sree Agasthyashram, Represented By Its ... vs The District Collector on 5 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 26043 OF 2024
1
2025:KER:58249
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
WP(C) NO. 26043 OF 2024
PETITIONER/S:
SREE AGASTHYASHRAM, REPRESENTED BY ITS SECRETARY,
REG. NO. ER-391/91, KUREEKKAD, THRIPUNITHURA,
ERNAKULAM, PIN - 682305
BY ADVS.
SHRI.V.S.CHANDRASEKHARAN
SRI.M.V.DAS
SRI.AVM.SALAHUDEEN
SRI.S.JAYAKUMAR
SMT.LEKSHMI SWAMINATHAN
SRI.N.K.RAMACHANDRAN
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
ERNAKULAM DISTRICT, KERALA, PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE RDO , FIRST FLOOR, K.B.JACOB ROAD, FORT
KOCHI, KOCHI, PIN - 682001
3 THE VILLAGE OFFICER,KANAYANNUR TALUK, KUREEKKAD,
ERNAKULAM DISTRICT, KERALA, PIN - 682305
4 THE AGRICULTURAL OFFICER,CHOTTANIKKARA KRISHI BHAVAN,
CHOTTANIKKARA .P.O., KOCHI, ERNAKULAM, PIN - 682312
SR.GP SMT.PREETHA K.K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26043 OF 2024
2
2025:KER:58249
C.S.DIAS, J.
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WP(C) No. 26043 OF 2024
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Dated this the 5th day of August, 2025
JUDGMENT
The writ petition is filed to quash Ext.P2 stop memo and direct the respondents to refrain from taking coercive steps against the petitioner from using its properties in accordance with law.
2. The petitioner is a charitable institution and the owner in possession of 200.64 Ares of land comprised in Re- Survey Nos.77/5, 77/6, 77/9-3 and 77/7 in Kanayannur Village, Kanayannur Taluk, Ernakulam District. The petitioner is running an Ashramam and taking care of under-privileged and elderly people. There are numerous buildings in the said property. As the petitioner was paying substantial amounts towards electricity charges, they decided to install solar panels in their property. When they started the work, the 3 rd respondent issued Ext.P2 stop memo, alleging that the property is a paddy land/wetland falling within the purview of the Kerala Conservation of Paddy Land and Wetland Act, 2008 WP(C) NO. 26043 OF 2024 3 2025:KER:58249 ('Act' in short). As per Ext.P4 notified data bank, the petitioner's property is classified as converted land 15 years prior to 2012. Even though the petitioner submitted Ext.P5 representation in this regard, no action was taken in the matter. The respondents have misconstrued the provisions of the Act and issued Ext.P2 stop memo. Even though it is not necessary to file an application under Form 5, the petitioner submitted Exts.P6 and P7 applications in Form 5 to exclude the properties from the data bank. Yet, the respondents have not recalled Ext.P2 stop memo. Hence, the writ petition.
3. In the statement filed by the 3rd respondent, it is, inter alia, contended that the petitioner is running a large scale ayurvedic hospital. There is a four-storied building having a plinth area of approximately 1,50,000 Sq. Mts. There is sufficient space on the roof of the building, to install the solar panels. The buildings were constructed after the commencement of the Act. The petitioner's Form 5 applications are pending consideration. Despite the stop memo, the petitioner has constructed additional constructions, and subsequent stop memos were issued. Hence, the writ WP(C) NO. 26043 OF 2024 4 2025:KER:58249 petition may be dismissed.
4. The petitioner has also filed a reply affidavit refuting the allegations in the statement filed by the 3 rd respondent.
5. Heard; the learned Counsel for the petitioner and the learned Senior Government Pleader.
6. It is an undisputed fact that in Ext.P4 notified data bank, the petitioner's properties are classified as converted land.
7. In Shanawas Mytheenkunju vs. Village Officer, Keerikkad Village (2025 (1) KHC 447), this Court has succinctly held that the Village Officer has jurisdiction to issue a stop memo under Section 12 of the Act, which is strictly confined to the illegal conversion/reclamation of the 'paddy land' or 'wetland' as defined under Section 3 and 11 of the Act. If the property is not classified in the above two categories, the provisions of the Act do not apply.
8. In the case at hand, it is an admitted fact that the petitioner's property is not classified as 'paddy land or wetland'. Instead, it is classified as converted land. Therefore, the provisions of the Act are not applicable to the case. Hence, WP(C) NO. 26043 OF 2024 5 2025:KER:58249 I hold that Ext.P2 stop memo is untenable.
In the aforesaid circumstances, I allow the writ petition by quashing Ext.P2 stop memo. It would be upto the petitioner to utilise the property in accordance with law.
sd/-
C.S.DIAS, JUDGE rkc/05.08.25 WP(C) NO. 26043 OF 2024 6 2025:KER:58249 APPENDIX OF WP(C) 26043/2024 PETITIONER EXHIBITS Exhibit-P 1 TRUE COPY OF THE RECENT ELECTRICITY BILL DATED 03/07/2024 ISSUED FROM THE KSEB Exhibit-P 2 TRUE COPY OF THE NOTICE DATED 11.04.2024 ISSUED BY VILLAGE OFFICER KANAYANNUR GROUP Exhibit-P 3 TRUE COPY OF THE REPLY TO EXHIBIT P2 BY THE PETITIONER DATED 16/04/2024 Exhibit-P 4 TRUE COPY OF THE EXTRACT OF THE KERALA GAZETTE DATED 24/03/2012 BY WHICH THE PETITIONER'S PROPERTY WAS SHOWN AS CONVERTED LAND IN THE DATA BANK Exhibit-P5 TRUE COPY OF THE REPRESENTATION DATED 24/05/2024 FILED BY PETITIONER BEFORE THE 2ND RESPONDENT Exhibit-P6 TRUE COPY OF THE APPLICATION DATED 17/10/2023 (FORM NO. 5) WITH RESPECT TO THE PROPERTIES COMPRISED IN R.S. NO. 77/5. 77/6, 77/9-3 Exhibit-P7 TRUE COPY OF THE APPLICATION DATED 17/10/2023 (FORM NO. 5) FILED WITH RESPECT TO THE PROPERTY COMPRISED IN R.S. NO. 77/7 Exhibit-P8 True Copy of the tax receipt dated 16.11.2006 Exhibit-P10(1) True Copy of the tax receipt dated 07/01/2008 Exhibit-P10(2) True Copy of the tax receipt dated 07.01.2008 Exhibit-P12 True Copy of the Photographs showing installation of Solar panel Exhibit-P14 True Copy of the Photographs showing the Hospital building Exhibit-P15 True Copy of the Photographs of the Gosala situated on the property Exhibit-P16 True Copy of the Photographs of the administrative building situated on the property Exhibit-P17 True copy of audited account details dated 25.06.2024 Exhibit-P9 True Copy of the tax receipt dated 1.06.2007 Exhibit-P11 True Copy of the tax receipt dated 13.02.2020 Exhibit-P13 True Copy of the Photographs showing installation of Solar panel