IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16647 of 2010(E)
1. JOSE THOMAS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED
... Respondent
2. THE VILLAGE OFFICER,
For Petitioner :SRI.T.J.MICHAEL
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :09/06/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 16647 of 2010
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Dated this the 9th day of June, 2010
J U D G M E N T
The petitioner is aggrieved by Ext.P3 stop memo
issued by the Village Officer, Thodupuzha, whereby the
petitioner has been directed to stop the filling up of land
and construction activities in the petitioner’s property
which according to the Village Officer is in violation of the
Kerala Conservation of Paddy Land and Wet Land Act,
2008. According to the petitioner, the property will not
answer the definition of paddy land and wet land in the Act
and therefore the entire proceedings are without
jurisdiction. The learned Government Pleader would submit
that, the Village Officer has detected certain activities in
the property of the petitioner which comes within the
purview of the Act and therefore he has taken appropriate
steps to prevent the same reported the matter to the higher
authorities and the District Collector is seized of the matter.
W.P.(C)No. 16647 of 2010
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2. Having heard both sides, I am of opinion that
having initiated proceedings under the Act by issuing
Ext.P3, the District Collector has to take it to its logical
conclusion as expeditiously as possible. Accordingly I
dispose of this writ petition with a direction to the District
Collector, Idukki to pass final orders pursuant to Ext.P3 as
contemplated in the Kerala Conservation of Paddy Land and
Wet Land Act, 2008 as expeditiously as possible, at any rate
within a period of one month from the date of receipt of a
copy of this judgment, after affording an opportunity of
being heard to the petitioner.
S. SIRI JAGAN
JUDGE
shg/