The petitioners challenging the order passed by the District Collector under Section 13 of the Conservation of Paddy Land and Wet Land Act has filed revision before the Government, Ext.P9. The limited request made by the learned Senior Counsel appearing for the petitioners is an early disposal of Ext.P9. The learned senior counsel also pointed out me the prohibition imposed on Exts.P1 and P2 regarding alienation of the property and communication issued to the Sub Registrar and submits that the Revenue Divisional Officer has no power under law to issue such prohibition in alienation. I am also of the view that the Revenue Divisional Officer has no such power under law to prohibit an alienation of the property pending proceedings under the Conservation of Paddy Land and Wet Land Act or even after conclusion of the proceedings under the above WP(C).No.32015/2014-B.
2 Act. The right available to any person as a title holder and owner cannot be foreclosed merely because of proceedings initiated under Act 28 of 2008. In view of the above, the following directions are issued:
(i) There shall be a direction to the first respondent to dispose of Ext.P9 within a period of one month after affording opportunity to the petitioners.
(ii) Exts.P1 and P2 to the extent directing the Sub Registrar not to register transfer of the land mentioned in Exts.P1 and P2 are set aside.
(iii) It is made clear that this will not stand in the way of the authority in proceeding against the petitioners in respect of the property in terms of the provisions of Act 28 of 2008.
The Writ Petition is disposed of with the above directions.
Sd/-
A.MUHAMED MUSTAQUE, (Judge) Kvs/-
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