Kerala High Court
Babu Antony vs State Of Kerala on 8 June, 2022
WP(C) NO. 15448 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 15448 OF 2022
PETITIONER/S:
BABU ANTONY,
AGED 53 YEARS
NADAKKEPARAMBIL HOUSE, CHETTIKADU, PATHIRAPPILLY P.O,
ALAPPUZHA.
BY ADV PEEYUS A KOTTAM
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANATHAPURAM - 695 001.
2 DISTRICT COLLECTOR,
FIRST FLOOR, COLLECTORATE, ALAPPUZHA, PIN-688001.
3 REVENUE DIVISIONAL OFFICER,
DISTRICT CT WAY ROAD, KIDANGAMPARAMP, THATHAMPALLY,
ALAPPUZHA , PIN - 688013.
4 TAHSILDAR, AMBALAPUZHA,
SDV SCHOOL ROAD, KIDANGAMPARAMP, ALAPPUZHA ,PIN - 688013.
5 VILLAGE OFFICER, MAARARIKULAM SOUTH,
KALAVOOR, ALAPPUZHA, PIN - 688522.
6 MAARARIKULAM SOUTH GRAMAPANCHAYAT,
KALAVOOR, REPRESENTED BY ITS SECRETARY, ALAPUZHA , PIN-
688522.
BY ADV Azad Babu R
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15448 OF 2022 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 15448 of 2022
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Dated this the 8th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"a) Call for the records leading to Ext P11 and
quash the same by issuing a writ of certiorari or
any other appropriate writ or order or direction.
b) Grant such other reliefs which are just and
necessary in the interest of justice." [SIC]
2. The petitioner, his wife and son are the owners in
possession of 27 cents of property in Sy.No. 205/8-3, 205/8-1
and 205/8-2 of Kalavoor Village for which property tax is being
paid as per Exts. P1, P2 and P3. Exts.P4 and P6 are the
thandaper registers and Ext.P7 is the basic tax register. As per
Ext.P10 development permit issued by the Mararikulam South
Panchayat, the petitioner was carrying developmental
activities in these properties. At this stage, the 5 th respondent
issued Ext.P11 stop memo alleging that the construction is in
violation of Kerala Conservation of Paddy Land and Wetland
Act, 2008. According to the petitioner, in all the revenue
records maintained by the revenue authorities, these
properties are described as 'Purayidam'. According to the
petitioner, at any stretch of imagination, the provisions of
Kerala Land Utilisation Order, 1969 or Kerala Conservation of
Paddy Land and Wetland Act, 2008 is not applicable to
aforesaid properties since it is not a paddy land or wetland at
any point of time. According to the petitioner, the 5 th
respondent-Village Officer issued Ext.P11 arbitrarily. Hence,
this writ petition is filed.
3. Heard the learned counsel for the petitioner and the
learned Government Pleader.
4. The counsel for the petitioner reiterated his
contentions and takes me through the exhibits produced along
with the writ petition. The Government Pleader submitted that
if there is any violation of the Act and Rules, the statutory
authorities will do the needful.
5. I perused Exts.P1 to P3 which are the tax receipts.
In all these documents, it is clearly stated that the property is
'Purayidam'. I also perused Exts.P4 to P6, which are the
thandaper registers. In that documents also, it is stated the
nature of the property as 'Purayidam'. Ext.P8 is the title deed
of the petitioner. The counsel for the petitioner also takes me
through Ext.P10 development permit issued by the
Mararikulam South Grama Panchayat. The counsel for the
petitioner submitted that the Village Officer has no authority
or source of power to issue an order like Ext.P1. I see some
force in the argument of the petitioner. I perused all the
documents produced by the petitioner in this writ petition. All
the documents will show that the property is 'Purayidam'.
Then, how Ext.P11 order is passed by the Village Officer. It is
not clear about the source of power to issue Ext.P11 by the
Village Officer. In such circumstances, according to me,
Ext.P11 is unsustainable and that is to be set aside.
Therefore, this writ petition is allowed and Ext.P11 is set
aside.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 15448/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT DATED
10.02.2022 SHOWING PAYMENT OF PROPERTY TAX
IN THE NAME OF THE PETITIONER FOR THE YEAR
2021-22.
Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT DATED
10.02.2022 SHOWING PAYMENT OF PROPERTY TAX
IN THE NAME OF THE PETITIONER AND HIS WIFE
FOR THE YEAR 2021-22.
Exhibit P3 THE TRUE COPY OF THE TAX RECEIPT DATED
10.02.2022 SHOWING PAYMENT OF PROPERTY TAX
IN THE NAME OF THE PETITIONER AND HIS WIFE
FOR THE YEAR 2021-22.
Exhibit P4 THE THANDAPER REGISTER PERTAINING TO THIS
PROPERTY IN THE NAME OF THE PETITIONER
ISSUED BY THE VILLAGE OFFICER KALAVOOR.
Exhibit P5 THE THANDAPER REGISTER PERTAINING TO THIS
PROPERTY IN THE NAME OF THE PETITIONERS
WIFE KOCHUTHRESYA ISSUED BY THE VILLAGE
OFFICER KALAVOOR.
Exhibit P6 HE THANDAPER REGISTER PERTAINING TO THIS
PROPERTY IN THE NAME OF THE PETITIONERS
SON PRATHAP BABU ISSUED BY THE VILLAGE
OFFICER KALAVOOR.
Exhibit P7 THE BASIC TAX REGISTER PERTAINING TO THIS
PROPERTY ISSUED BY THE VILLAGE OFFICER
KALAVOOR.
Exhibit P8 THE TRUE COPY OF THE SALE DEED NO.
2118/2000 OF MARARIKULAM SRO.
Exhibit P9 THE TRUE COPY OF THE SALE DEED NO.
334/2022 OF MARARIKULAM SRO.
Exhibit P10 THE TRUE COPY OF THE DEVELOPMENT PERMIT
ALONG WITH DEVELOPMENT PLAN ISSUED BY THE
MARARIKULAM SOUTH GRAMA PANCHAYAT,
ALAPUZHA DATED 08.04.2022.
Exhibit P11 THE TRUE COPY OF THE STOP MEMO DATED
22.04.2020 ISSUED BY THE 5TH RESPONDENT
VILLAGE OFFICER, KALAVOOR.
