Kerala High Court
Subeesh Babu vs The Village Officer on 6 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:58740
WP(C) NO. 14042 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
WP(C) NO. 14042 OF 2025
PETITIONER:
SUBEESH BABU,
AGED 40 YEARS
SON OF BABU, VELLARIMATTATHIL HOUSE, ETTUMANOOR
P.O., KIZHAKKUMBAGOM KARA, KOTTAYAM TALUK, PIN -
686631.
BY ADVS.
SRI.P.M.ZIRAJ
SHRI.IRFAN ZIRAJ
RESPONDENTS:
1 THE VILLAGE OFFICER,
ARPOOKARA VILLAGE, KOTTAYAM DISTRICT, PIN - 628155
2 THE DISTRICT COLLECTOR,
KOTTAYAM - KUMILY RD, COLLECTORATE, KOTTAYAM, PIN
- 686002
3 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, COLLECTORATE,
KOTTAYAM, KERALA, PIN - 686002
SMT.DEEPA V., GP
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WP(C) NO. 14042 OF 2025
2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 06.08.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(C) NO. 14042 OF 2025
3
C.S.DIAS, J.
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W.P.(C) No. 14042 of 2025
-----------------------------------------
Dated this the 6th day of August, 2025
JUDGMENT
The writ petition is filed to quash Ext.P5 stop
memo and direct the 1st respondent not to interfere in
the petitioner using his property in accordance with law.
2. The petitioner is the owner in possession
of land in Arpookara Village, Kottayam Taluk, covered
under Ext.P1 land tax receipt. The property is classified
as 'purayidam', as evidenced by Ext.P2 basic tax register.
The petitioner's property is also not included in the data
bank as evidenced by Ext.P3 notified data bank. When
the petitioner was levelling his property, the 1 st
respondent had issued Ext.P5 stop memo alleging that
the property is classified as 'nilam'. Even though the
petitioner submitted Ext.P6 representation before the 1 st
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WP(C) NO. 14042 OF 2025
respondent on 14.03.2024, but the same has not been
considered. Hence, the writ petition.
3. In the counter-affidavit filed by the 1 st
respondent it is conceded that, the petitioner's property
is not included in the data bank and is classified as
'purayidam' in the revenue records. However, the
Agricultural Officer has reported that the petitioner's
predecessors-in-interest had received subsidy from the
Government to carry out paddy cultivation in the said
property till 2021, as evidenced by Ext.R1(c) farmers'
list. It is subsequently that the petitioner purchased
property. It is in view of the said fact that Ext.P5 stop
memo was issued. Thereafter, a letter has been issued to
the Tahsildar to change the nature of the petitioner's
property in the revenue records.
4. Heard; the learned counsel for the
petitioner and the learned Government Pleader.
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WP(C) NO. 14042 OF 2025
5. Going by the undisputed pleadings and
the materials on record, it is evident that the petitioner's
property has not been classified as paddy land or
wetland and not included in the data bank. The revenue
records also show that the petitioner's property is a
converted land. In view of the above fact, the provisions
of the Kerala Conservation of Paddy Land and Wetland
Act, 2008 ('Act' in short) do not apply to the facts of the
case. Merely because the petitioner's predecessors-in-
interest had received subsidy from the Government to
carry on paddy cultivation till 2021, the petitioner cannot
be prohibited from using the property in accordance with
law, which will tantamount to an infringement of the
petitioner's constitutional right under Article 300A of the
Constitution of India. If the respondents have a case that
the property has been inadvertently omitted from being
included in the data bank, they should take the
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WP(C) NO. 14042 OF 2025
necessary steps as contemplated under the law to
include the property in the data bank.
In the aforesaid circumstances, I allow the writ
petition by quashing Ext.P5 stop memo and permitting
the petitioner to use the property in accordance with
law. Nevertheless, it is clarified that this judgment will
not stand in the way of the respondents from initiating
proceedings to include the property in the data bank in
accordance with law, after issuing notice to the
petitioner.
Sd/-
C.S.DIAS, JUDGE
dkr
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WP(C) NO. 14042 OF 2025
APPENDIX OF WP(C) 14042/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED
22.4.2024 ISSUED BY THE FIRST RESPONDENT
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF BASIC
TAX REGISTER ISSUED BY THE FIRST
RESPONDENT IN CONNECTION WITH THE
PROPERTY OF PETITIONER
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF DATA
BANK IN CONNECTION WITH THE ABOVE
PROPERTY OF PETITIONER
EXHIBIT P4 TRUE COPY OF THE TITLE DEED OF THE
PROPERTY OF PETITIONER DATED 15.3.2024
REGISTERED AS NO.526/2024, SRO,
ETTUMANOOR
EXHIBIT P5 TRUE COPY OF THE STOP MEMO DATED
13.3.2025 ISSUED BY THE FIRST RESPONDENT
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
FIRST RESPONDENT DATED 14.3.2024
RESPONDENT EXHIBITS
EXHIBIT R1(A) TRUE COPY OF COMPLIANT DATED 12.03.2025
SUBMITTED BY SHRI.A.M.CHACKO
EXHIBIT R1(B) TRUE COPY OF RELEVANT EXTRACTS OF
VILLAGE RECORDS
EXHIBIT R1(C) TRUE COPY OF FARMERSLIST OF THE
MANGALASSERY THOLLAYIRAM PADDY FIELDS
EXHIBIT R1(D) TRUE COPY OF TITLE DEED NO 526/2024
DATED 15.03.2024
EXHIBIT R1(E) TRUE COPY OF LETTER DATED 25.03.2025
