IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 27519 of 2008(A) -------------------------------------- PETITIONER(S): ---------------------- KURIAKOSE ELIAS TRUST FOR COMMUNICATION & DEVELOPMENT, REG NO. 408/1980,REPRESENTED BY ITS PRESIDENT, FR.ABRAHAM SEBASTIAN,CMI,CHRIST NAGAR ASHRAM, KOWDIAR P.O.,THIRUVANANTHAPURAM. BY MR.R.D.SHENOY, SENIOR ADVOCATE ADV. MR.ROY CHACKO RESPONDENT(S): ------------------------- 1. THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, DEPT. OF REVENUE, SECRETARIAT,THIRUVANANTHAPURAM. 3. THE REVENUE DIVISIONAL OFFICER THIRUVANANTHAPURAM. 4. THE ADDL.TAHSILDAR, TALUK OFFICE, THIRUVANANTHAPURAM. 5. THE VILLAGE OFFICER, NEMOM, THIRUVANANTHAPURAM DIST. 6. ABDUL HASSAN, S/O. SYED MD. KANNU, THEKKUMBAGATH VEEDU, PACHALLOOR.P.O, PANATHARA - VELITHALA, THIRUVALLAM, THIRUVANANTHAPURAM DISTRICT. 7. JALALUDEEN, S/O. SYED MD. KANNU, THEKKUMBAGATH VEEDU, PACHALLOOR.P.O, PANATHARA - VELITHALA, THIRUVALLAM, THIRUVANANTHAPURAM DISTRICT. 8. SHIHABUDEEN, S/O. SYED MD. KANNU, THEKKUMBAGATH VEEDU, PACHALLOOR.P.O, PANATHARA - VELITHALA, THIRUVALLAM, THIRUVANANTHAPURAM DISTRICT. WP(C).No. 27519 of 2008(A) 9. ABDUL RASHEED, S/O. SYED MD. KANNU, THEKKUMBAGATH VEEDU, PACHALLOOR.P.O, PANATHARA - VELITHALA, THIRUVALLAM, THIRUVANANTHAPURAM DISTRICT. 10. NAZRUDDIN, S/O. SYED MD. KANNU, THEKKUMBAGATH VEEDU, PACHALLOOR.P.O, PANATHARA - VELITHALA, THIRUVALLAM, THIRUVANANTHAPURAM DISTRICT. 11. HABSA BEEVI, D/O. SYED MD. KANNU, THEKKUMBAGATH VEEDU, PACHALLOOR.P.O, PANATHARA - VELITHALA, THIRUVALLAM, THIRUVANANTHAPURAM DISTRICT. 12. HAMLATH BEEVU, D/O. SYED MD. KANNU, THEKKUMBAGATH VEEDU, PACHALLOOR.P.O, PANATHARA - VELITHALA, THIRUVALLAM, THIRUVANANTHAPURAM DISTRICT. 13. SENIYA BEEVI,D/O. SYED MD. KANNU, THEKKUMBAGATH VEEDU, PACHALLOOR.P.O, PANATHARA - VELITHALA, THIRUVALLAM, THIRUVANANTHAPURAM DISTRICT. GOVERNMENT PLEADER MR.M.R.SABU FOR R1 TO R5 ADV. MR.D.KISHORE FOR R6, R7, R9 TO R13 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27519 of 2008(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT IN O.S. NO.1117/1968 DATED 04/04/1998. EXT.P2: COPY OF THE DECREE DATED 04/12/2004 IN A.S. NO.246/99. EXT.P3: COPY OF THE AFFIDAVIT FILED BY M.G.MEENAKSHY, THE POWER OF ATTORNEY HOLDER OF PLAINTIFFS 1 TO 3 IN O.S. NO.417/1988 STATING ON OATH THAT THE PARTIES HAVE SETTLED THE DISPUTES OUT OF COURT. EXT.P4: COPY OF THE COMPROMISE PETITION FILED JOINTLY BY THE PLAINTIFFS AND THE 6TH DEFENDANT DATED 31/01/2008. EXT.P5: COPY OF THE ORDER DATED 05/09/2007 PASSED THE BY THE APPELLAT AUTHORITY IN A.A. NO.40/2005. EXT.P6: COPY OF THE PETITION NO.543/2008 DATED 12/02/2008 FILED BEFORE THE R.D.O. THIRUVANANTHAPURAM BY 8 PERSONS. EXT.P6(a): COPY OF THE ENDORSEMENT DATED 12/02/2008 MADE BY THE R.D.O. ON EXT.P6 PETITION APPEARING ON PAGE 2 OF EXT.P6. EXT.P7: COPY OF THE REPORT DATED 03/03/2008 SUBMITTD BY THE VILLAGE OFFICER, NEMOM. EXT.P8: COPY OF THE COMPLAINT DATED 29/05/2008 WAS LODGED BEFORE THE S.I. OF POLICE, KARAMANA POLICE STATION BY THE PETITIONER. EXT.P9: COPY OF THE RCEIPT ISSUED BY THE KARAMANA POLICE STATION EVIDENCING RECEIPT OF THE PETITION DATED 29/05/2008. EXT.P10: COPY OF THE COMMUNICATION DATED 19/07/2006 ADDRSSED TO THE VILLAGE OFFICER, NEMOM BY THE ADDL. TAHSILDAR, THIRUVANANTHAPURAM. EXT.P11: COPY OF THE LEGAL OPINION OBTAINED BY THE 4TH RESPONDENT FROM THE GOVT. PLEADER. EXT.P12: COPY OF THE REPRESENTATION DATED 08/04/2008 FILED BY THE PETITIONER BEFORE TH SECRETARY, DEPT. OF REVENUE, THE 2ND RESPONDENT. EXT.P13: COPY OF THE JUDGMENT DATED 21/05/2008 IN W.P.(C). NO. 12848/2008. EXT.P14: COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 5TH RESPONDENT. EXT.P15: COPY OF THE LOCATION CERTIFICATE ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P16: COPY OF THE STOP MEMO DATED 26/05/2008 ISSED BY THE 5TH RESPONDENT AND RECEIVED BY THE PETITIONER ON 27/05/2008. WP(C).No. 27519 of 2008(A) EXT.P17: COPY OF THE TAX RECEIPT DATED 01/09/2006 FOR THE YEAR 2006-07. EXT.P18: COPY OF THE NOTICE DATED 03/09/2008 ISSUED BY TH 3RD RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R6(a): COPY OF THE G.O.(MS)385/08/RD DATED 14/11/2008. //TRUE COPY// P.S. TO JUDGE Rs/ ANTONY DOMINIC, J. --------------------------- W.P.(C) No.27519 of 2008 ------------------------------------ Dated this the 4th day of March, 2009 JUDGMENT In view of the judgment rendered today allowing W.P(C) No.34577/08, the endorsement in Ext.P18 made by the 3rd respondent is set aside. Consequently, Ext.P18, the memo issued by the 3rd respondent stopping construction activities by the petitioner will also stand quashed. Writ petition is allowed as above. ANTONY DOMINIC, JUDGE scm “Exhibit P18” occurring in the 2nd line of the judgment dated 4/03/2009 in WP(C) No.27519/2008 is corrected as Exhibit P6 (a), as per order dated 20/03/2009 in I.A. No.3825/2009. SD/- REGISTRAR (JUDICIAL)