The petitioners property is situated in Re-survey No.191/3 in Block No.136 of Kalikavu Village. According to the petitioners, this property is situated heart of the Kalikavu town and is a dry land. The petitioners submit that when they attempted to level the land, the Village Officer issued stop memos, which are produced as Exts.P5 to P7. According to the petitioners, this is a converted land long before the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short, the Act '28 of 2008') and therefore, stop memos issued by the Village Officer are unsustainable. Challenging the stop memos, this writ petition is filed.
2. In this matter, statement has been filed on behalf of the third respondent. It is stated in the statement that in the W.P.(C) No.23600 of 2014 2 draft data bank the property is included as a paddy land.
3. The petitioners case is that it is a dry land and therefore, it cannot be classified as a ‘paddy land’. I am of the view that the petitioners shall approach the Local Level Monitoring Committee to correct the details in the draft data bank. If the petitioners approach the Local Level Monitoring Committee within two weeks from the date of receipt of a copy of this judgment, the Local Level Monitoring Committee shall conduct site inspection in the presence of the petitioners and find out this can be classified as paddy land as on the date of the enactment of the Act 28 of 2008. If it cannot be classified as paddy land, corresponding changes shall be effected in the draft data bank. Needful shall be done within a period of six weeks from the date of receipt of a copy of this judgment. The validity of the stop memos will depend upon the decision to be made by the Local Level Monitoring W.P.(C) No.23600 of 2014 3 Committee. If it is found that it cannot be treated as paddy land all the proceedings pursuant to stop memos shall be dropped against the petitioners. However, if it is found that the petitioners property is a paddy land, the Village Officer shall place records before the District Collector to proceed against the petitioners in accordance with law. Till a decision is taken by the Local Level Monitoring Committee, status quo shall be maintained.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln