IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 13921 of 2011(M) -------------------------- PETITIONER(S): --------------- SYLESH A.R., APPUZHANJIYIL HOUSE, NEDUMPURAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA-689645. 3. REVENUE DIVISIONAL OFFICER, THIRUVALLA-689577. 4. THE VILLAGE OFFICER, NEDUMPURAM VILLAGE, THIRUVALLA TALUK-689577. 5. THE SECRETARY, NEDUMPURAM GRAMA PANCHAYATH, PODIYADI, THIRUVALLA, PIN-689578. 6. NEDUMPURAM GRAMA PANCHAYATH, PODIYATH, THIRUVALLA, REP. BY ITS SECRETARY. GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13921 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF SETTLEMENT DEED NO.547/08 OF SRO, KADAPRA EXT.P2- TRUE COPY OF RECEIPT DATED 16.5.2011 EXT.P3- TRUE COPY OF BUILDING PERMIT DATED 13.5.10 EXT.P3a- TRUE COPY OF APPROVED PLAN DATED 13.5.10 EXT.P4- TRUE COPY OF ORDER DATED 15.4.10 ISSUED BY 4TH RESPONDENT EXT.P5- TRUE COPY OF REQUEST DATED 26.4.10 SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT (True copy) P.A.To Judge P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).13921/2011 .............................................. Dated this the 17th day of June, 2011 JUDGMENT 1.The grievance of the petitioner is that, the steps being pursued by him to construct a building pursuant to Ext.P3 Building Permit and Ext.P3(a) Sanctioned Plan are being arbitrarily intercepted by the Village Officer/fourth respondent, by issuing Ext.P4 'stop memo'. 2.The case of the petitioner is that the property owned, possessed and enjoyed by the petitioner, having an extent of 4.05 Ares is a dry land, as discernible from the title deed (Ext.P1) and Ext.P2 tax receipt. It is in the said circumstances that, the petitioner has been permitted to erect a building therein as per Ext.P3 Building Permit supported by Ext.P3(a) Sanctioned Plan. While so, Ext.P4 stop memo has been issued by the fourth respondent, alleging that illegal filling is being pursued in the 'purayidom' (dry land). This being the position, it is contended that the petitioner is entitled to proceed with further steps and that the interception is quite arbitrary and illegal in all respects. W.P.(C).13921/11 2 3.The learned Government Pleader appearing on behalf of the respondents submits that, being aggrieved of Ext.P4, petitioner has approached the second respondent, the District Collector, by filing Ext.P5 and the prayer is to have it considered and disposed of, within a reasonable time. 4.In the above facts and circumstances, the second respondent is directed to consider Ext.P5 and pass appropriate orders thereon, giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within 'four weeks' from the date of receipt of a copy of this judgment. 5.Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the second respondent for taking further steps. Writ petition is disposed of. P.R.RAMACHANDRA MENON, Judge mrcs