IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 37576 of 2009(N) -------------------------- PETITIONER(S): --------------- 1. V.K. RAJEEV, AGED 39 YEARS, S/O. KUNJUKUNJU, VETTOOR HOUSE, ACHINAKAM, VECHOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. 2. MANJU, W/O. RAJEEV, VETTOOR HOUSE, ACHINAKAM, VECHOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): --------------- 1. REVENUE DIVISIONAL OFFICER, PALA, KOTTAYAM DISTRICT. 2. AGRICULTURAL OFFICER, KRISHIBHAVAN, VECHOOR GRAMA PANCHAYATH, KOTTAYAM TALUK. 3. THE VILLAGE OFFICER, VECHOOR VILLAGE, KOTTAYAM. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.37576 of 2009-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2010. JUDGMENT The petitioners who are agriculturists, are aggrieved by the stop memo, viz. Ext.P3 issued by the Village Officer. As per the stop memo, he is restrained from filling up the paddy land in Sy. Nos.134/1 B1.2 and 134/1 A/1 in Vechoor village, having an extent of 4 acres. 2. It is the contention of the petitioners that the area under their ownership and possession is divided by separate bunds from the other paddy fields. There was no paddy cultivation for the last 25 years. For getting permission for strengthening the existing bund, the petitioners filed Ext.P2 representation before the Revenue Divisional Officer. A separate representation has been filed before the second respondent also as per Ext.P3. 3. Learned Govt. Pleader on instructions, submitted that as regards the plea that the petitioners can take appropriate action for strengthening the bund is concerned, there cannot be any dispute. But the stop memo was issued when two lorry loads of sand was dumped in the south western portion of the entire paddy field. Learned counsel for the petitioners wpc 37576/2010 2 submitted that in the light of Section 3(2) of Kerala Conservation of Paddy Land and Wetlands Act, strengthening of outer bunds are permitted, which will be necessary for the proper protection of the cultivation. 4. Now that the petitioners have already filed a representation before the Revenue Divisional Officer, there will be a direction to the first respondent to take a decision on Ext.P2 within a period of one month from the date of receipt of a copy of this judgment with notice to the petitioners. It will be open to the petitioners to file appropriate representation before the first respondent against the stop memo issued by the Village Officer detailing their claims in the matter. Petitioners will produce a copy of this writ petition along with a copy of this judgment for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/