High Court of KeralaSingle Judge2024-05-10Writ petition allowed; Ext. P7 stop memo set aside

WP(C) No.15993/2024

Case / Petition Number:WP(C) No.15993/2024

Neutral Citation:/

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Murali Purushothaman, J.
Judgment Date: 2024-05-10
Court Decision / Holding: The writ petition is allowed. Ext. P7 stop memo issued under Section 12(2B) is set aside. The Village Officer’s order is quashed on the ground that, since the land is not included in the data bank as paddy land or wetland, prohibition under Sections 3 and 11 cannot automatically apply. The court notes that mangroves exist but clarifies that non-inclusion in the data bank governs prohibition; the decision relies on statutory definitions of paddy land and wetland and the data-bank framework, and highlights the non-application of mind in issuing Ext. P7. The matter renders relief to the petitioners while leaving open the question of data-bank inclusion and wetland status for broader regulatory purposes.
Final Disposition: Writ petition allowed; Ext. P7 stop memo set aside

Parties to the Case

Appellants / Petitioners

C.K.P. Thahira
Alavi C.K.P
C.K.P. Ummayu
C.K.P. Jaseela
Abdurehman T.M
C.K.P. Sakeena
C.K.P. Sabeena
Shameemath C.K.P
Mohammed Shanavas C.K.P

Respondents

Village Officer, Thiruvangad Village Office, Thalassery, Kannur District
Agricultural Officer, Krishi Bhavan Thalassery, Kannur District
The Station House Officer, Thalasserry Police Station, Kannur District

Legal Representation & Advocates

Counsels for Petitioners

• Adv. K.P. Madhu

Case Synopsis & Summary

This writ petition challenges a stop memo issued under Section 12(2B) of the Kerala Conservation of Paddy Land and Wetland Act, 2008, by the Village Officer, to restrain a fish-farming activity on land co-owned by the petitioners in Thiruvangad, Thalassery Taluk. The petitioners contend that though the land is classified as Nilam in the Basic Tax Register, it is not included in the data bank published under Section 5(4)(i) of the Act and therefore cannot be treated as paddy land or wetland for purposes of prohibition on conversion or reclamation. They leased one acre to a fisherman, whose works on outer bunds triggered the stop memo. The respondents argue the land contains mangroves and should be treated as wetland, invoking prohibition on reclamation under Sections 3 and 11. The court examines statutory definitions of paddy land and wetland, the data-bank requirement, and the powers of the Village Officer under Section 12(2B). It concludes that non-inclusion in the data bank means the stop memo cannot sustain the prohibition under the Act; Ext. P7 is set aside; the petition is allowed. The decision also references Deepu v District Collector, Kollam to illustrate the contention that land not in the data bank may be used in a different way, but the court stops short of endorsing that principle as controlling. The order effectively protects the petitioners' ongoing use while leaving data-bank status unresolved.

Provisions of Law Cited

Section 3 of the Kerala Conservation of Paddy Land and Wetland Act, 2008Section 11 of the Kerala Conservation of Paddy Land and Wetland Act, 2008Section 12(2)(b) of the Kerala Conservation of Paddy Land and Wetland Act, 2008Section 12(2B) of the Kerala Conservation of Paddy Land and Wetland Act, 2008Section 5(4)(i) of the Kerala Conservation of Paddy Land and Wetland Act, 2008Section 2(xii) of the Kerala Conservation of Paddy Land and Wetland Act, 2008Section 2(xviii) of the Kerala Conservation of Paddy Land and Wetland Act, 2008

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that since the land is not included in the data bank as paddy land or wetland, Ext. P7 stop memo under Section 12(2B) of the Act cannot be issued; the land is being used for fish farming with Fisheries Department sanction; they rely on Deepu v District Collector, Kollam to contend that garden land described as paddy land/wetland in revenue records can be used in a more profitable way (e.g., leveling, import of earth, or development as a playground) without attracting prohibition; they contend there is no basis to restrict conventional agricultural or allied activities where the land is not databanked as paddy land or wetland.

Contentions of Respondents

The respondents contend that mangroves on the property render it a wetland for purposes of the Act and that reclamation is prohibited under Sections 3 and 11; Ext. P7 stop memo was issued to prevent contravention and is a valid exercise of power under Section 12(2B); the presence of mangroves and the wetland character justify regulatory action despite non-inclusion in the data bank.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Deepu v. District Collector, Kollam	2022 (5) KHC 90	Mentioned Only	Cited by petitioners to support flexibility in land use despite revenue descriptions; court does not adopt its rationale as controlling law in this case.

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Extracted Judgment Text

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## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN`** ## **`FRIDAY, THE 10[TH] DAY OF MAY 2024 / 20TH VAISAKHA, 1946 WP(C) NO. 15993 OF 2024`** ## **`PETITIONERS:`** ``` 1C.K.P. THAHIRA, AGED 60 YEARS D/O TM ABDUL KADHIR, KENZ, THALASSERY P.O., PIN: 670101, THALASSERY TALUK, KANNUR DISTRICT, (REPRESENTED BY POA HOLDER C.K.P. MOHAMMED RAYEEZ, S/O TM ABDUL KADAR, AGED 58 YEARS, THAIKKANDY HOUSE, THALASSERY P.O., THALASSERY TALUK,KANNUR DISTRICT.), PIN - 670101 2ALAVI C.K.P, AGED 69 YEARS S/O. POKKU T.M, RTD, TEACHER, SAFVA, THALASSERYP.O., PIN: 670101,THALASSERY TALUK, KANNUR DISTRICT. (REPRESENTED BY POA HOLDER C.K.P. MOHAMMED RAYEEZ, S/O TM ABDUL KADAR, AGED 58 YEARS, THAIKKANDY HOUSE, THALASSERY P.O., THALASSERY TALUK,KANNUR DISTRICT.), PIN - 670101 3C.K.P. UMMAYU, AGED 65 YEARS S/O. POKKU T.M, RTD, TEACHER, SAFVA, THALASSERY P.O., PIN: 670101,THALASSERY TALUK,KANNUR DISTRICT. (REPRESENTED BY POA HOLDER C.K.P. MOHAMMED RAYEEZ, S/O TM ABDUL KADAR, AGED 58 YEARS, THAIKKANDY HOUSE, THALASSERY P.O., THALASSERY TALUK,KANNUR DISTRICT.), PIN - 670101 4C.K.P. JASEELA, AGED 49 YEARS D/O TM ABDUL KADHIR, MARHA, KANNUR P.O., PIN: 670001,KANNUR TALUK,KANNUR DISTRICT. (REPRESENTED BY POA HOLDER C.K.P. MOHAMMED RAYEEZ, S/O TM ABDUL KADAR, AGED 58 YEARS, THAIKKANDY HOUSE, THALASSERY P.O., THALASSERY TALUK,KANNUR DISTRICT.), PIN - 670101 5ABDUREHMAN T.M, AGED 83 YEARS S/O. ABDULLA KEYI C.P.,,BAITHU REHMA, KARAPARAMBU P.O.,PIN 673010,KOZHIKODE TALUK,KOZHIKODE DISTRICT. (REPRESENTED BY POA HOLDER C.K.P. MOHAMMED RAYEEZ, S/O TM ABDUL KADAR, AGED 58 YEARS, THAIKKANDY HOUSE, THALASSERY P.O., THALASSERY TALUK,KANNUR DISTRICT.), PIN - 670101 6C.K.P. SAKEENA, AGED 54 YEARS D/O. ABDU REHMAN T.M., THYKANDY HOUSE, THALASSERY P.O., ``` WP(C) No.15993/2024 2 ||**`PIN: 670101,THALASSERY TALUK,KANNUR DISTRICT.`**| |---|---| ||**`(REPRESENTED BY POA HOLDER C.K.P. MOHAMMED RAYEEZ, S/O`**| ||**`TM ABDUL KADAR, AGED 58 YEARS, THAIKKANDY HOUSE,`**| ||**`THALASSERY P.O.,.THALASSERY TALUK,KANNUR DISTRICT.), PIN`**| ||**`- 670101`**| |**`7`**|**`C.K.P. SABEENA,`**| ||**`AGED 51 YEARS`**| ||**`D/O. ABDU REHMAN T.M., POOVATHU HOUSE, THRIKKAKARA P.O.,`**| ||**`PIN: 682021,KANAYANNUR TALUK,ERNAKULAM DISTRICT,`**| ||**`(REPRESENTED BY POA HOLDER C.K.P. MOHAMMED RAYEEZ, S/O`**| ||**`TM ABDUL KADAR, AGED 58 YEARS, THAIKKANDY HOUSE,`**| ||**`THALASSERY P.O., THALASSERY TALUK,KANNUR DISTRICT.), PIN`**| ||**`- 670101`**| |**`8`**|**`SHAMEEMATH C.K.P,`**| ||**`AGED 48 YEARS`**| ||**`S/O. ABDU REHMAN T.M.,BAITHU REHMA, KARAPARAMBU P.O.,PIN`**| ||**`673010,KOZHIKODE TALUK,KOZHIKODE DISTRICT,(REPRESENTED`**| ||**`BY POA HOLDER C.K.P. MOHAMMED RAYEEZ, S/O TM ABDUL`**| ||**`KADAR, AGED 58 YEARS, THAIKKANDY HOUSE, THALASSERY P.O.,`**| ||**`THALASSERY TALUK,KANNUR DISTRICT.), PIN - 670101`**| |**`9`**|**`MOHAMMED SHANAVAS C.K.P,`**| ||**`AGED 46 YEARS`**| ||**`S/O TM ABDUL KADHIR, BAITHU REHMA, KARAPARAMBU P.O.,PIN`**| ||**`673010,KOZHIKODE TALUK,KOZHIKODE DISTRICT. (REPRESENTED`**| ||**`BY POA HOLDER C.K.P. MOHAMMED RAYEEZ, S/O TM ABDUL`**| ||**`KADAR, AGED 58 YEARS, THAIKKANDY HOUSE, THALASSERY P.O.,`**| ||**`THALASSERY TALUK,KANNUR DISTRICT.), PIN - 670101`**| |**`10`**|**`C.K.P. MOHAMMED RAYEEZ,`**| ||**`AGED 58 YEARS`**| ||**`S/O TM ABDUL KADAR, THAIKKANDY HOUSE, THALASSERY P.O.,`**| ||**`PIN: 670101,THALASSERY TALUK,KANNUR DISTRICT., PIN -`**| ||**`670101`**| ||**`BY ADV K.P.MADHU`**| ## **`RESPONDENTS:`** |**`1`**|**`VILLAGE OFFICER,`**| |---|---| ||**`AGED 46 YEARS`**| ||**`THIRUVANGAD VILLAGE OFFICE,THALASSERY, KANNUR DISTRICT,`**| ||**`PIN - 670103`**| |**`2`**|**`AGRICULTURAL OFFICER,`**| ||**`KRISHI BHAVAN THALASSERY, KANNUR DISTRICT, PIN - 670104`**| |**`3`**|**`THE STATION HOUSE OFFICER,`**| ||**`THALASSERRY POLICE STATION,THALASSERRY,KANNUR DISTRICT,`**| ||**`PIN - 670101`**| ``` OTHER PRESENT: ``` WP(C) No.15993/2024 3 ``` SRI APPU P S, GP. ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) No.15993/2024 4 **CR** ## **JUDGMENT** Dated this the 10[th] day of May, 2024 The petitioners are co-owners in possession of property having an extent of 1 Hectare 82 Ares 5 Sq. Mtr comprised in Re.Sy. Block No. 115 (old 182), Re.Sy. No.2, Re.Sy. Sub Division No. 101, old Sy. No. 18, old Sy. Sub Division No. 1 of Thiruvangad Village, Thalassery Taluk by virtue of Ext. P1 partition deed. Though the said property is classified as 'Nilam' in the Basic Tax Register, it is not included in the data bank published under Section 5 (4) (i) of the Kerala Conservation of Paddy Land and Wetland Act, 2008 [for brevity, 'the Act, 2008']. 2. The petitioners entered into Lease agreement with one Marsook, a fisherman, to conduct fish farming activity in one acre of petitioners' property lying beside the Kuiyally river. The fish farming project is approved by the Fisheries Department. When the lessee started strengthening of the outer bunds abutting the Kuiyally river, there were obstruction from certain local people. The 1[st] respondent, the Village Officer, issued Ext. P7 stop memo to the petitioners under Section 12(2) (b) of Act, WP(C) No.15993/2024 5 2008. Ext. P7 stop memo is challenged in the writ petition. 3. The petitioners contend that since the property is not included in the data bank as paddy land or wetland, the 1[st] respondent cannot require them to stop the fish farming activity in the land. The petitioners rely on the decision of this Court in **Deepu v District Collector, Kollam** [2022 (5) KHC 90] and contend that this Court has held that a garden land, though described as paddy land/ wetland in revenue records, the land owner can use the land as garden land in more profitable way by levelling the land or by importing the red earth/ordinary earth in the unnotified land or by developing the land being used as a playground. 4. The learned Government Pleader, on instructions, submits that the petitioners' property is not included in the data bank. However, there are mangroves in the property and therefore the property is to be treated as wetland and there is prohibition for reclamation of the property. 5. Section 3 of Act, 2008 provides for prohibition for conversion or reclamation of paddy land and reads as follows: WP(C) No.15993/2024 6 ## “3. **Prohibition on conversion or reclamation of paddy land.-** (1) On and from the date of commencement of this Act, the owner, or the person in custody of any paddy land shall not undertake any activity for the conversion or reclamation of such paddy land except in accordance with the provisions of this Act. (2) Nothing contained in sub-section (1) shall apply to the cultivation of any intermediary crops that are cultivated without changing the ecological nature of that paddy land or the strengthening of the outer bunds for protecting the cultivation.” ## Section 11 deals with prohibition on reclamation of wetland ## and reads as follows: ## **- “11. Prohibition on reclamation of wetland** On and from the date of commencement of this Act, the wetlands of the State shall be maintained as such and there shall be a total prohibition on reclamation of such wetland and removal of sand therefrom: Provided that nothing contained in this section shall effect the removal of slurry and mud to maintain the ecological condition of such wetland.” 6. Section 12(2)(b) of Act, 2008 provides that the authorised Officer (Village Officer) appointed by the Government, to prevent the commission of any offences under the Act, may require any person to stop any act in contravention of Section 3 or Section 11. WP(C) No.15993/2024 7 7. Ext.P7 stop memo is issued in a non statutory standard printed form with some dotted lines filled up. It refers to both paddy land and wetland, Section 3 as well as Section 11, leaving it to the Village Officer to strike off whichever is not applicable. The Village Officer has not struck off either. This shows the non application of mind in issuing Ext. P7. ## 8. Paddy land has been defined under Section 2 (xii) of the Act, 2008 and reads as follows: “ **2(xii)** : ‘paddy land’ means all types of land situated in the State where paddy is cultivated at least once in a year or suitable for paddy cultivation but uncultivated and left fallow, and includes its allied constructions like bunds, drainage channels, ponds and canals;” 9.Wetland is defined under Section 2(xviii) of the Act, 2008 ## and reads as under: **'2(xviii)** : 'wetland' means land lying between terrestrial and aquatic systems, where the water table is usually at or near the surface or which is covered by shallow water or characterized by the presence of sluggishly moving or standing water, saturating the soil with water and includes backwaters, estuary, fens, lagoon, mangroves, marshes, salt marsh and swamp forests but does not include paddy lands and rivers.' The definition of 'wetland' includes ‘mangroves’, with the ## characteristic features as provided therein. However, WP(C) No.15993/2024 8 admittedly, the subject land is not included as a paddy land or wetland in the data bank. Section 11 provides that, from the date of commencement of Act, 2008, viz; 12.08.2008, there is total prohibition on reclamation of wetland. The prohibition applies only if the land in question is included in the data bank. If it is not included in the data bank as a wetland or paddy land, there is no prohibition under law to utilise the land for any lawful purposes. Section 12(2)(b) of Act, 2008 empowers the village officer to require any person to stop any act in contravention of Section 3 or Section 11. If the property is not included in the data bank, merely because there are mangroves in the property, the same will not attract the prohibition under Sections 3 and 11 of Act, 2008. Accordingly, Ext. P7 stop memo is set aside. The writ petition is allowed as above. sd/- **MURALI PURUSHOTHAMAN JUDGE** Nsd WP(C) No.15993/2024 9 ## **`APPENDIX OF WP(C) 15993/2024`** ``` PETITIONER EXHIBITS Exhibit P1A COPY OF THE REGISTERED PARTITION DEED NO. 1654/2022 OF THALASSERRY SRO DATED 14/11/2022 Exhibit P2A TRUE COPY OF THE LAND TAX RECEIPT FOR THE YEAR 2023-2024 DATED 21/06/2023 Exhibit P3THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 05/02/2024 Exhibit P4THE TRUE COPY OF THE LEASE AGREEMENT DATED 30/10/2023 ENTERED WITH MR. MARSOOK C.K, Exhibit P5THE TRUE CCOPY OF THE SAID PASSBOOK ISSUED TO MR. MARSOOK C.K, BY KERALA STATE FISHERMAN WELFARE BOARD Exhibit P6THE TRUE CCOPY OF SANCTIONING LETTER ISSUED FROM FISHERIES EXTENSION OFFICER, THALASSERY MATSYA BHAVAN, KANNUR DATED 05/02/2024 Exhibit P7A TRUE COPY OF THE STOP MEMO ISSUED BY THE VILLAGE OFFICER, THIRUVANGAD DATED 01/04/2024 ISSUED U/S. 12 (2B) OF THE PADDY LAND WET LAND ACT Exhibit P8THE TRUE COPY OF THE CITATION REPORTED IN 2022(5) KHC 90 (DEEPU VS DISTRICT COLLECTOR KOLLAM) Exhibit P9A TRUE COPY OF THE REPRESENTATION DATED 25.04.2024 ```