IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 9156 of 2010(T) ------------------------- PETITIONER(S): --------------- 1. MELMONT CONSTRUCTION PVT. LTD,. NO.130/1, ULSOOR ROAD, BANGALORE-560042. 2. PURVA REALITIES PVT. LTD., G-261, PANAMPILLY AVENUE, ERNAKULAM-682036. BY ADV. SRI.ROBSON PAUL SRI.V.M.KRISHNAKUMAR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. VILLAGE OFFICER, VAZHKKALA VILLAGE, ERNAKULAM. 3. THE SENIOR TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE, ERNAKULAM. 4. THRIKKAKARA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, THRIKKAKARA. MS.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No. 9156 of 2010 -------------------------- Dated, this the 18th day of March, 2010 J U D G M E N T Prayer sought in the writ petition is to quash Ext.P8. 2. According to the petitioners, based on Exts.P1 & P6 permits and on the strength of Exts.P2 to P5, the no objection certificates issued by the Airport Authority of India, Navy, Ministry of Environment, and the consent issued by the Pollution Control Board, the petitioners commenced piling work. It is stated that thereafter they were issued Ext.P8 stop memo on 01/09/2008. Reason stated in Ext.P8 is that the work done is in violation of the provisions contained in the Kerala Land Utilisation Order. On its receipt, the petitioner filed Ext.P11 reply on 22/10/2008. Despite the reply so filed, no further action has been taken. It is in these circumstances, this writ petition has been filed challenging Ext.P8 and also seeking a direction to the respondents not to interfere with the construction work. 3. As far as Ext.P8 stop memo is concerned, as stated above, the reason mentioned is that the work undertaken by the petitioners is in violation of the provisions of the Kerala Land WP(C) No.9156/2010 -2- Utilisation Order. In the judgment of this Court in Reliance Industries Ltd. v. Commissioner of Land Revenue (2007 (2) KLT 850), this Court has already held that the Land Utilisation Order is inapplicable in the area to which a Town Planning Scheme has been implemented. Admittedly, the area in question is covered by the Town Planning Scheme and if so, the reason stated in Ext.P8 stop memo is unsustainable. Therefore, Ext.P8 stop memo is quashed. 4. In so far as the 2nd prayer in the writ petition for a direction to the respondents not to interfere with the construction activity of the petitioners on the basis of Ext.P1 is concerned, the learned Government Pleader submits that Ex.P1 was issued as early as on 23/08/2006, and that the Kerala Municipality Building Rules were made applicable to the area in question with effect from 06/11/2006. In that view of the matter, I refrain from passing any order dealing with the 2nd prayer in the writ petition. Needless to say that it will be open to the petitioners to approach the Panchayat, obtain permit in accordance with the Kerala Municipality Building Rules and resume the work on that basis. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg