The petitioner has approached this Court challenging Ext.P5 stop memo issued by the 3rd respondent-Village Officer. The petitioner submits that he is reclaiming the land comprised in block No.3 in Survey No.198/2 and 4 Ares in Survey Nos. 198/1,198/2 & 198/3 of Aramula Village in Pathanamthitta District on the strength of Ext.P4. According to the petitioner, property situated in R.S.No.198/1/2/3 are purayidam as seen from Ext.P2. Therefore, the Village officer should not have prohibited the petitioner from dumping any ordinary earth in the land comprised in the above stated survey numbers. The petitioner further submits that on account of the stop memo, the petitioner could not fill up the land within the period mentioned in Ext.P4. 2. I am of the view that before taking any action in the matter, the authorities concerned shall ensure that particular W.P.(c).No. 30183 of 2014 : 2 :
land do not fall within the area classified as nilam or wetland in draft data bank. The property mentioned in Ext.P5 stop memo is a different property. If the property is classified as purayidam, there is no impediment in reclaiming land. Therefore, petitioner shall be permitted to reclaim Purayidam situated in re-survey Nos. 198/1/2/3 in Aramula village. However, it is made clear that the petitioner cannot reclaim any land classified as nilam in draft data bank.
3. In view of the fact that the property situated in Re- survey No.198/1/2/3 is treated as Puriyadam, the petitioner shall be permitted to reclaim land. The permission granted in Ext.P4 is extended upto 29/11/2014.
The writ petition is disposed of with the above directions.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk /True copy/ PS to Judge.
W.P.(c).No. 30183 of 2014 : 3 :