Kerala High Court
N Jeena vs The District Collector, Malappuram on 25 July, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:55095
WP(C) NO. 10919 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
WP(C) NO. 10919 OF 2025
PETITIONERS:
1 N JEENA,
AGED 55 YEARS
W/O.N RENJITH, RESIDING AT NARANGA PARAMBATH,P O
BEYPORE, KOZHIKODE, PIN - 673015
2 N RENJITH,
AGED 62 YEARS
S/O. ACHUTHAN,RESIDING AT NARANGA PARAMBATH,P O
BEYPORE, KOZHIKODE, PIN - 673015
BY ADVS.
SRI.B.PREMNATH (E)
SHRI.SARATH M.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR, MALAPPURAM,
COLLECTORATE, COLLECTORATE ROAD, UPHILL,
MALAPPURAM DISTRICT, PIN - 676505
2 THE REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, TIRUR, MALAPPURAM, PIN
- 676101
3 THE TAHSILDAR,
TALUK OFFICE, TIRUR TALUK,TIRUR MINI CIVIL STATION
BUILDING, TIRUR.P.O., MALAPPURAM DISTRICT, PIN -
676101
2025:KER:55095
WP(C) NO. 10919 OF 2025
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4 THE VILLAGE OFFICER,
VILLAGE OFFICE, PARIYAPURAM,TIRUR TALUK,
MALAPPURAM DISTRICT, PIN - 676302
OTHER PRESENT:
SR.GP.SMT.PREETHA K.K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:55095
WP(C) NO. 10919 OF 2025
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JUDGMENT
Dated this the 25th day of July, 2025 The writ petition is filed to quash Ext.P2 stop memo and direct the 4th respondent to consider and pass orders on Exts.P5 explanation and Ext.P9 representation, expeditiously.
2. The petitioners are husband and wife. The 1st petitioner is the owner in possession of 22.89 Ares of land comprised in Survey No.32/2-14 in Pariyapuram Village covered under Ext.P1 land tax receipt. The 1 st petitioner's property is an unnotified land. It is not included in the data bank. When the 1st petitioner attempted to construct a boundary wall, the 4th respondent has issued Ext.P2 stop memo, directing the petitioners to stop the construction. Ext.P2 stop memo is untenable, since the 1st petitioner's property is neither paddy land nor wetland under the Kerala Conservation of Paddy Land and Wetland Act, 2008 ('Act' for short).
2025:KER:55095 WP(C) NO. 10919 OF 2025 4 Therefore, Ext.P2 stop memo is illegal and arbitrary, especially in view of the law laid down by this Court in Jessy Abraham v. The Land Revenue Commissioner, Thiruvananthapuram (2022 (1) KLT 461). Hence, Ext.P2 stop memo may be quashed.
3. In the counter affidavit filed by the 2nd respondent, it is admitted in unequivocal terms that the property in question is not included in the data bank, but is included as 'Nilam' in the revenue records. It is in the said background that the Village Officer has issued Ext.P2 stop memo. The Village Officer has also reported that the property in question is a marshy land with natural watercourses. The Agricultural Officer has reported that even though the property is not included in the data bank, it is swampy and the construction of the protective wall would obstruct the free flow of the water. Therefore, the Agricultural Officer has recommended the property be included in the data bank. Meanwhile, 2025:KER:55095 WP(C) NO. 10919 OF 2025 5 the petitioners have filed a Form 7 application, seeking to change the nature of the property in the revenue records. The final decision in the matter is to be taken after the receipt of the reports from the Village Officer and the Agricultural Officer. There is no illegality in Ext.P2 stop memo
4. Heard; the learned counsel for the petitioners and the learned Senior Government Pleader.
5. A reading of the counter affidavit filed by the 2nd respondent substantiates that the petitioners' property is not classified as paddy land or wetland and not included in the data bank. Even though the Agricultural Officer has reported that the property is to be included in the data bank, so far as it is not done, the provisions of the Act is not applicable to the facts of the case.
6. It is no longer res-integra in view of the law laid down by this Court in Shanawaz Mytheenkunju v. Village 2025:KER:55095 WP(C) NO. 10919 OF 2025 6 Officer, Keerikkad Village (2025(1) KHC 447), that a Village Officer can issue a stop memo under Section 12 of the Act, only if the property is classified as paddy land or wetland as defined under the Act.
In view of the admitted facts, I am of the definite view that Ext.P2 stop memo is untenable. Accordingly, I quash Ext.P2 stop memo. The petitioners would be at liberty to use their property as per the provisions of the Act and Rules. This judgment will not bar the respondents from taking action to include the property in the data bank in accordance with law.
SD/-
C.S.DIAS, JUDGE rmm25/7/2025 2025:KER:55095 WP(C) NO. 10919 OF 2025 7 APPENDIX OF WP(C) 10919/2025 PETITIONER EXHIBITS Exhibit 1 TRUE COPY OF THE TAX RECEIPT NO.KL10041700396/2025 OF PARIYAPURAM VILLAGE FOR THE YEAR 2024-2025 IN THE NAME OF THE 1ST PETITIONER, 20.01.2025 Exhibit P2 TRUE COPY OF THE STOP MEMO ISSUED TO 2ND PETITIONER BY THE 4TH RESPONDENT NUMBER NIL AND DATED 22.02.2025 Exhibit P3 TRUE TRUE COPY OF THE EXPLANATION SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT DATED 24.02.2025 ALONG WITH THE ACKNOWLEDGMENT OF THE 2ND RESPONDENT DATED 24.02.2025 Exhibit P4 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE 2ND PETITIONER TO THE 3RD RESPONDENT DATED 24.02.2025 ALONG WITH THE ACKNOWLEDGMENT OF THE 3RD RESPONDENT DATED 24.02.2025 Exhibit P5 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE 2ND PETITIONER TO THE 4TH RESPONDENT DATED 24.02.2025 WITH THE ENDORSEMENT OF THE 4TH RESPONDENT ON 24.02.2025 Exhibit P6 TRUE COPY OF THE REPRESENTATION OF THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED 01.03.2025 AND THE ACKNOWLEDGMENT OF THE 1ST RESPONDENT HAVING NUMBER 1467637/25-L3 DATED 01.03.2025 Exhibit P7 TRUE COPY OF THE REPRESENTATION OF THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 01.03.2025 AND THE ACKNOWLEDGMENT OF THE 2ND RESPONDENT DATED 01.03.2025 Exhibit P8 TRUE COPY OF THE REPRESENTATION OF THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT DATED 01.03.2025 AND THE ACKNOWLEDGMENT OF THE 3RD RESPONDENT DATED 01.03.2025 Exhibit P9 TRUE COPY OF THE REPRESENTATION OF THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT DATED 01.03.2025 Exhibit P10 TRUE COPY OF THE ADVOCATE NOTICE ISSUED BY SRI.DINESH POOKAYIL, ADVOCATE TO ONE GIRIJA, DATED 05.02.2025 2025:KER:55095 WP(C) NO. 10919 OF 2025 8 Exhibit P11 TRUE COPY OF THE REPLY ADVOCATE NOTICE ISSUED BY SRI.P.T.RAJESH, ADVOCATE TO SRI.DINESH POOKAYIL, ADVOCATE, DATED 10.02.2025 ALONG WITH THE POSTAL ACKNOWLEDGEMENT DATED 12.02.2025 Exhibit P12 TRUE COPY OF THE FORM 7 APPLICATION NO.1/2025/2405732, SUBMITTED BY THE 1ST PETITIONER, DATED 06.03.2025