LAWS(KER)-2021-9-71

GOPALAKRISHNA PILLAI P Vs. STATE OF KERALA

Decided On September 28, 2021
Gopalakrishna Pillai P Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner, who is owner of 81 cents of land in Muthukulam Village of Karthikappilly Taluk, has filed this writ petition seeking to quash Ext.P15 order of the 1st respondent.

(2.) The petitioner owns 81 cents of land in Re-survey Nos.508/1, 508/2 and 508/9 in Muthukulam Village. The petitioner states that there was no motorable road to the property comprised in 45 cents in Re-survey Nos.508/1 and 508/2. The petitioner started to construct a motorable road to the said plot through the southern side of his property in Re-survey No.508/9. Since the property was not a paddy land or wetland, the petitioner did not seek any permission from the authorities.

(3.) The 5th respondent-Agricultural Officer, however, issued a stop memo alleging that construction of the motorable road is against the provisions contained in the Kerala Conservation of Paddy Land and Wetland Act, 2008. The petitioner thereupon submitted a representation to the 6th respondent-Village Officer seeking to permit him to complete the construction of motorable road. No action was taken on the representation.