Ouseph Joseph vs State of Kerala and Others

Antony Dominic, J.—Petitioner is aggrieved by Ext.P3, the stop memo issued by the Village Officer, Neyyassery. This stop memo says that the Petitioner has allegedly reclaimed the property in Sy. No. 239/3 of Block No. 37 of Neyyassery Village. It is on that allegation that the stop memo has been issued invoking the powers under Act 28 of 2008. While it is the contention of the Petitioner that he has not reclaimed any property and that all that was attempted was to do tapioca cultivation, learned Government Pleader on instruction submits that complaints were received that the Petitioner was attempting to reclaim the property and that it was based on the directions of the Tahsildar that the stop memo was issued.

Irrespective of the controversy between the parties, fact remains that Ext.P3 proceedings have been initiated invoking the provisions contained in Act 28 of 2008. Ext.P3 also shows that the matter has been reported to the Revenue Divisional Officer, and therefore, it is for the Revenue Divisional Officer to place the matter before the District Collector for concluding the proceedings in accordance with the provisions of the Act.

Therefore, the Revenue Divisional Officer shall forward the proceedings to the District Collector, who on its receipt shall issue notice to the Petitioner and conclude the proceedings. The Revenue Divisional Officer shall forward the proceedings as above at any rate within 4 weeks of production of a copy of this judgment and the District Collector shall conclude the proceedings without any further delay.

Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the Respondents for compliance.

Writ petition is disposed of as above.