IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 36892 of 2010(J) ------------------------------------ PETITIONER(S): -------------------- E.M.KOYAN, AGED 45 YEARS, S/O.MOHAMMADALY,ERMTHURUTHY HOUSE,KUTTILANJI KARA, IRAMALOORE VILLAGE, KOTHAMANAGALAM TALUK, ERNAKULAM DISTRICT BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): ------------------------- 1. THE VILLAGE OFFICER, IRAMALLORE VILLAGE,VILLAGE OFFICER, P.O.NELLIKKUZHY,KOTHAMANGALAM TALUK 686 691. 2. TAHSILDAR, KOTHAMANGALAM TAUK TALUK OFFICE, KOTHAMANGALAM 686 691. 3. REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA, REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA P.O.,686 661 4. LAND REVENUE COMMISSIONER, GOVT.OF KERALA, THIRUVANANTHAPURAM 695 001. BY GOVT. PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P (C) No.36892 of 2010 -------------------------- Dated this the 21st December, 2010 J U D G M E N T The petitioner, who is the owner of 76 cents of land, which he purchased as per Ext.P1 document dated 11.2.2008, has approached this Court challenging Ext.P11, a prohibitory order issued by the Village Officer, on 7.8.2010, restraining the petitioner from proceeding with the construction activities in the land on the ground that the land is one to which the provisions of Act 28 of Kerala Conservation of Paddy Lands and Wet Lands Act 2008 applies. 2. According to the petitioner, the land is garden land and that in respect of the land, he has obtained Ext.P4 permit, Ext.P5 possession certificate and Ext.P6 location sketch. Petitioner also refers to Ext.P12, the Agricultural Officer's Report. According to the petitioner, the land is a dry land and therefore the proceedings now initiated under the provisions of Kerala Conservation of Paddy Lands and Wet Lands Act 28 of 2008 is absolutely without jurisdiction. W.P (C) No.36892 of 2010 2 3. A reading of Ext.P11 notice shows that the village officer has issued it on the basis that the land is a paddy land to which Act 28 of 2008 applies 4. Prima facie the materials, including the photographs produced in the writ petition show that the land is a dry land. Therefore what is required to be assessed is the actual state of affairs which is available on that ground. 5. Therefore, I direct that on production of a copy of this judgment, the Village Officer will inspect the land and if as stated by the petitioner land is a dry land, the village officer will recall Ext.P11. On production of a copy of this judgment along with a copy of the writ petition by the petitioner before the 1st respondent, who shall take immediate action as directed above. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE ma