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
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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:
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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
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('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
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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,
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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
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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
