The petitioner has approached the Revenue Divisional Officer seeking permission to fill a pond in his property. This was rejected by the Revenue Divisional Officer as per Ext.P5 stating that it may result in lowering the level of water in surrounding area and also there are protest from public. It seems before passing Ext.P5 order, a report from the Tahsildar was obtained. The report of the Tahsildar is Ext.P4. It is seen from Ext.P4 report, as per BTR this property is classified as a purayidom.
2. The application for permission made by the petitioner is in fact rejected by the authority as no permission is required from the authorities. The petitioner does not require any permission to reclaim any purayidom. Therefore, the order passed by the Revenue Divisional Officer is without an authority, accordingly it is quashed.
WP(C).No.30870/2013-G.
2 The petitioner is free to fill his pond without any permission from the revenue authorities. If the petitioner has any threat against filling of the pond, the petitioner is free to approach appropriate court seeking any relief against public.
Writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (JUDGE) Kvs/-
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