IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 5816 of 2010(B) ------------------------------------- PETITIONER: ------------------- SHIHAB, S/O.PAREETH, MULADAN HOUSE, EDAVOOR, KOOVAPPADY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM (DIST.). BY ADV. MR.ANIL K.MOHAMMED. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE VILLAGE OFFICER, KOOVAPPADY, KUNNATHUNADU TALUK, ERNAKULAM (DIST.). R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 5816 of 2010-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of March, 2010. JUDGMENT Aggrieved by the stop memo issued by the Village Officer informing the petitioner that the construction effected by him is in violation of the Kerala Paddy Land and Wet Land Act, 2008, this writ petition is filed. The petitioner is the owner of a property having an extent of 7.58 acres of land in Sy. Nos.196/17/4 & 170/20 in Block No.7 of Koovappady Village. He is also the owner of another extent of property covered by Ext.P2 document. According to the petitioner, the properties are not being cultivated for the past several years and the boundaries were not clearly marked. For protecting the property the petitioner wanted to repair the boundaries and for that purpose he has rearranged the stones in the boundaries also. It is at that point of time, by Ext.P4 he was directed to stop the work. It is contended that the Village Officer is not empowered under the Act and therefore Ext.P4 is without jurisdiction. He is also relying upon Ext.P5 judgment of this Court. 2. Learned Govt. Pleader on instructions, submitted that certain complaints were received by the Revenue Divisional Officer, Muvattupuzha wpc 5816/2010 2 and a report was also obtained from the Agricultural Officer. Based on the said report, instructions were issued to the Village Officer to issue stop memo and accordingly the same was issued. Therefore, the petitioner will have to approach the Revenue Divisional Officer seeking to modify the order and to get permission, if any, for making the constructions. If the petitioner makes an application, the Revenue Divisional Officer, Muvattupuzha will take appropriate action for passing a final order, after hearing the petitioner as well as the complainants, within two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/