Kerala High Court
Madhusoodanan Namboothiri @ ... vs The Village Officer on 9 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
WP(C).No.9332 OF 2021(N)
PETITIONER/S:
1 MADHUSOODANAN NAMBOOTHIRI @ MADHUSOODANAN UNNI,
AGED 76 YEARS,S/O. SANKARAN NAMBOOTHIRI
RESIDING AT ELAPPILLI ILLAM, EAST KADUNGALLOOR,
KADUNGALLOOR VILLAGE, PARUR TALUK, ERNAKULAM
DISTRICT, ALUV 683 110.
2 INDIRA ANTHARJANAM,AGED 68 YEARS
W/O. MADHUSOODANAM NAMBOOTHIRI @ MADHUSOODANAN UNNI,
RESIDING AT ELAPPILLI ILLAM, EAST KADUNGALLOOR,
KADUNGALLOOR VILLAGE, PARUR TALUK, ERNAKULAM
DISTRICT, ALUVA-683 110
BY ADVS.
SRI.K.K.ASHKAR
SMT.ASHIRA MOHAMED ASHROF
RESPONDENT/S:
1 THE VILLAGE OFFICER,KADUNGALLOOR VILLAGE,
KADUNGALLOOR, MUPPATHADOM P.O, ALUVA-683 110
2 THE LOCAL LEVEL MONITORING COMMITTEE UNDER PADDY
ACT,KADUNGALLOOR GRAMA PANCHAYAT, REPRESENTED BY ITS
CONVENOR, AGRICULTURE OFFICER, KADUNGALLOOR,
MUPPATHADOM P.O, ALUVA-683 110
ADDL.R3 THE DISTRICT COLLECTOR,ERNAKULAM,
ADDL.R3 IS SUO MOTU IMPLEADED AS ADDITIONAL R3 AS
PER ORDER DATED 09.04.2021 IN WP(C) 9332/2021
GP: SRI.RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.9332 OF 2021(N) 2
Sathish Ninan, J.
==============================
W.P.(C) No.9332 of 2021
==========================
Dated this the 9th day of April, 2021
JUDGMENT
The petitioners are aggrieved by Ext P4 stop memo
dated 26.03.2021 issued by the 1st respondent Village
Officer alleging construction violating the provisions
of the Kerala Conservation of Paddyland and Wetland
Act, 2008(for short, 'the Act'). According to the
petitioners, no construction work is effected and all
that is being done is putting up a boundary to the
property. Be that as it may, the additional 3 rd
respondent being the statutory authority under Section
13 of the Act, it is open for the petitioner to
approach the additional 3rd respondent and have the
matter adjudicated.
Accordingly, it is ordered that the 1 st respondent
shall forward the files to the additional 3 rd
respondent forthwith. On the petitioners approaching
the additional 3rd respondent, the matter shall be
considered and appropriate orders passed, as
expeditiously as possible and at any rate within a
period of two months. In the meanwhile, status quo in
relation to the property shall be maintained.
Sd/- Sathish Ninan, Judge
vdv
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT
NO.KL07031103086/2021 ISSUED BY THE
1ST RESPONDENT TO PETITIONERS ON
31.03.2021.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF
GAZETTE NOTIFICATION NO. 1047 DATED
24.02.2021 PUBLISHING FINAL DATABANK
FOR KADUNGALLOOR GRAMA PANCHAYAT.
EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPHS TAKEN ON
28.03.2021 SHOWING THE BOUNDARY
EMBANKMENT WORK CARRIED OVER BY THE
PETITIONERS.
EXHIBIT P4 TRUE COPY OF THE STOP MEMO DATED
26.03.2021 ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONERS.
