JAMES ANTONY ALOSIOUS Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The above writ petition is filed seeking to quash Ext.P4 order issued by the 1st respondent Revenue Divisional Officer.

(2.) It is averred that the petitioner is the owner in possession and enjoyment of property having an extent of 18.06 Ares in Sy.No.605/1-1 of Edathua Village. The property was converted to a dry land almost about 30 years back, ie., even before the coming into force of the Kerala Conservation of Paddy Land and Wetland Act, 2008. The petitioner's land is also not included in the data bank as evident from Ext.P2 certificate. But the property is classified as 'Nilam' in the basic tax register. When the petitioner attempted to fill up the pond in the said property, a stop memo was issued by the Village Officer. Later the 1 st respondent issued Ext.P4 order invoking the power under the Kerala Land Utilisation Order, 1967 directing the petitioner to restore the land to its original state and further directing the 2nd respondent to include the land in the data bank. It is aggrieved by the same that the present writ petition has been filed.

(3.) The learned Government Pleader has filed a detailed counter affidavit, wherein it is stated that the property in question is a wet land and when the same was attempted to be reclaimed, the stop memo was issued. It is also stated that the land of the petitioner is a low laying land and is waterlogged and the same was mistakenly exempted from the data bank and therefore, after hearing the petitioner, a direction was issued by the 1 st respondent to the Agricultural Officer to include the said land in the data bank, with a further direction to restore the land to its original position.