P MUSTHAFA PM FISHERIES Vs. STATE OF KERALA

JUDGEMENT

(1.) IN 2002, the respondent Municipality purchased 92.5 cents of land in Rs.No.100/2 in Perinthalmanna Village in 2003. The land was acquired for the purpose of setting up a wholesale fish market. Thereafter the Municipality awarded contract to the petitioner for constructing the market under BOT scheme.

(2.) WHILE the petitioner was proceeding with the construction, the Revenue Divisional Officer issued Ext.P3 stop memo, requiring him to suspend all works on the basis that the land in question was a wet land and that the construction for the purpose of setting up fish market was in violation of the provisions contained in the Kerala Land Utilisation Order 1967 and the Kerala Conservation of Paddy Land and Wet Land Act, 2008. It was challenging Ext.P3 the petitioner, the BOT contractor, approached this Court.

(3.) HOWEVER, the addl. 5th respondent, a person from the same locality contended that even now the land continues as wet land and that therefore the RDO was perfectly justified in issuing Ext.P3. He also relied on several documents to substantiate this contention.