Ajay Vinod vs State Of Kerala And Ors

Alleging violation of the provisions of the Kerala Conservation of Paddy Land and Wet Land Act ('The Act' for short), Ext.P8 stop memo dated 02/02/2021 has been issued by the 4th respondent - Village Officer, restraining the activities conducted by the petitioner in his property situated in Krishnagiri Village.

In reply to Ext.P8 stop memo, the petitioner has submitted Ext.P9 explanation wherein it has been stated that all that has been done is the cleaning of an existing pond situated in the property, to enable fish farming and store water for agricultural purpose. The petitioner contends that there has been no violation of the provisions of any statutes including the Act. The petitioner further relies on a communication from the Geologist to the effect that for the purpose aforementioned and for removal of soil consequent on cleaning of the pond, no permission as such is required.

Be that as it may, the 2nd respondent - District Collector is the competent authority under the Act to adjudicate upon the issue. The 4th respondent shall forward the relevant records including Ext.P9 explanation submitted by the petitioner, to the 2nd respondent - District Collector, who shall consider the same and pass appropriate orders, after hearing the petitioner. The same shall be done within a period of three weeks from the date of receipt of a copy of this judgment.

Writ Petition is disposed of as above.