IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 16465 of 2010(G) -------------------------- PETITIONER(S): --------------- SHAREEFA UMMA, W/O.HAMZA, PANAKKAL PARAMBA, ALATHUR, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENT(S): --------------- 1. VILLAGE OFFICER, VILLAGE OFFICE, KAVASSERY, KAVASSERY, ALATHUR TALUK, PALAKKAD DISTRICT. 2. THE TAHSILDAR, TALUK OFFICE, ALATHUR, ALATHUR, PALAKKAD DISTRICT. GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 16465 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th day of June, 2010. J U D G M E N T The petitioner claims to be the owner in possession of 48 cents of land in Kavasserry No. 1 Village. According to the petitioner, while constructing a retaining wall for the land, the Village Officer has unauthorizedly issued Ext. P2 stop memo. The petitioner would contend that the Village Officer has no powers under law for issuing such stop memo. The petitioner seeks the following relief: “To issue a writ of certiorari or other appropriate writ or order calling for the records leading to the issue of Ext. P2 stop memo and quash it.” 2. The learned Government Pleader, on instructions, submits that the petitioner has committed violation of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 and therefore by Ext. P2, the Village Officer has directed the petitioner to stop the activities and report the matter to the higher ups. According to him, as a revenue official, it is the duty of the Village Officer to see that there is no violation of the Act and therefore what the Village Officer has done is perfectly valid and proper. He further submits that the appropriate authority is seized of the matter and orders would be passed after affording an opportunity of being heard as per the provisions of the said Act. 3. I have considered the rival contentions in detail. 4. I am also satisfied that as a revenue official, whenever violations of any Act are noticed, it is the duty of the Village Officer to prevent the same and report the same to the higher ups and therefore I do not find anything wrong with Ext. P2. However, I feel that the appropriate authority shall consider the matter and pass expeditious orders, after complying with the procedure prescribed, W.P.C. No. 16465/2010 -: 2 :- including a notice and hearing to the petitioner. Accordingly, the writ petition is disposed of with the following directions: The respondents shall see that the matter is placed before the appropriate authority under the Act. The appropriate authority shall consider the matter and pass final orders in the matter after affording an opportunity of being heard to the petitioner as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.