IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 25204 of 2008(A) ---------------------------------------- PETITIONER: --------------------- MANJUSH.K.K, AGED 38, S/O.K.S.KUNJUNNI, KIZHAKKEKOTTALAKODE (H), MOLAKKULAM.P.O, PIRAVOM, ERNAKULAM. BY ADV. SRI.ABRAHAM VAKKANAL (SR.) SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN SRI.BIJIMON C.CHERIAN RESPONDENTS: ------------------------- 1. THE SECRETARY, MULANTHURUTHY GRAMA PANCHAYATH (SPECIAL GRADE), MULANTHURUTHY.P.O, ERNAKULAM DISTRICT. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM. 3. THE REVENUE DIVISIONAL OFFICER, KANAYANNUR TALUK, FORT KOCHI, ERNAKULAM DISTRICT. 4. VILLAGE OFFICER, MULAMTHURUTHY.P.O, ERNAKULAM. ADV. SRI.S.SREEKUMAR FOR R1 BY GOVERNMENT PLEADER – R2 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25204//2008 A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SETTLEMENT DEED NO.1947/08 OF MULAMTHURUTHY SRO DTD. 21/05/2008. EXT.P2: COPY OF THE TAX RECEIPT DTD. 27/05/2008. EXT.P3: COPY OF THE POSSESSION CERTIFICATE DTD. 27/05/2008. EXT.P4: OCPY OF THE RENT DEED DTD. 1/02/2006. EXT.P5: COPY OF THE RENT DEED DTD. 01/02/2007. EXT.P6: COPY OF THE BUILDING PERMIT ISSUED BY THE 1ST RESPONDENT PANCHAYATH DTD. 7/06/2008. EXT.P6(A): COPY OF THE APPROVED PLAN ISSUED BY THE 1ST RESPONDENT PANCHAYATH DTD. 7/06/2008. EXT.P7: COPY OF THE STOP MEMO ISSUED BY THE 4TH RESPONDENT DTD. 7/08/2008. EXT.P8: COPY OF THE APPLICATION FILED BY PETITIONER UNDER RTI ACT BEFORE 4TH RESPONDENT. EXT.P9: COPY OF SALE DEED NO.1666/05 OF SRO MULAMTHURUTHY DTD. 28/05/2005. EXT.P10: PHOTOGRAPHS OF PROPERTY OF PETITIONER DTD. NIL. EXT.P10(A): PHOTOGRAPHS OF PROPERTY OF PETITIONER DTD. NIL. EXT.P10(B): PHOTOGRAPHS OF PROPERTY OF PETITIONER DTD. NIL. EXT.P11: COPY OF THE APPLICATION FILED BY PETITIONER'S WIFE BEFORE 3RD RESPONDENT FOR PERMISSION TO CONSTRUCT HOUSE DTD. 11/07/2007. EXT.P12: COPY OF THE REPORT OF THE ADDITIONAL TAHASILDAR, KANAYANNUR TALUK DTD. OCTOBER '08. EXT.P13: COPY OF THE REPORT OF THE ASST.AGRICULTURAL DIRECTOR, MULAMTHURUTHY DTD. 31/08/2007. Kss ..2/- ...2...... WPC.NO.25204/2008 A EXT.P14: COPY OF THE REPORT OF THE 4TH RESPONDENT VILLAGE OFFICER DTD. 16/07/2007. EXT.P15: COPY OF THE LETTER OF 3RD RESPONDENT TO THE PANCHAYATH DTD. 26/10/2007. EXT.P16: COPY OF THE REPLY OF THE PANCHAYATH TO THE 3RD RESPONDENT DTD. 28/02/2008. EXT.P16(A): COPY OF THE RESOLUTION OF THE 4TH RESPONDENT PANCHAYATH DTD. 22/02/2008. EXT.P17: COPY OF THE PETITION FILED BY PETITIONER BEFORE 2ND RESPONDENT DTD. 7/08/2008. EXT.P17(A): COPY OF THE ENDORSEMENT BY THE 2ND RESPONDENT FORWARDING EXT.P17 TO 3RD RESPONDENT DTD. 7/08/2008. EXT.P18: COPY OF GOVT.CIRCULAR NO.45846/RA1/08/LSG DTD. 31/07/2008. RESPONDENT'S ANNEXURES: ANNEXURE R4(A): COPY OF THE PETITION RECEIVED BY DISTRICT COLLECTOR. ANNEXURE R4(B): COPY OF THE LETTER NO.LR EC NO.346/2008 DTD. 24/07/2008. ANNEXURE R4(C): COPY OF THE RELEVANT PORTION OF THE BASIC TAX REGISTER. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.25204/2008 ----------------------------------------------------------- Dated this the 2nd day of September, 2008 JUDGMENT The challenge in this writ petition is against Ext.P7, a stop memo issued to the petitioner, requiring him to stop further construction of a residential building which he undertook on the strength of Ext.P6 permit and Exts.P6(a) approved plan. Petitioner submits that the land in question was acquired by him as per Ext.P1 settlement deed executed by his wife. Thereafter on the strength of Exts.P1 to P5, he applied for a building permit and the first respondent issued the permit by Ext.P6. On that strength the petitioner commenced construction and basement has been completed. 2. According to him it is at that stage, on the strength of certain complaints that were made by the neighbouring 2 residents Ext.P7 stop memo was issued on the ground that the petitioner was reclaiming paddy field for construction purposes in violation of the provisions contained in the Kerala Land Utilisation Order. It is challenging this stop memo that this writ petition has been filed. 3. According to the petitioner, Exts.P11 to P16(a) which includes the report of the Revenue Divisional Officer, the Assistant Director of Agriculture and the Village Officer and the resolution of the Pacnahayt, show that the land in question is a fully developed garden land which yielding coconut trees. These reports also show that alteast, for the last 25 years there has not been any paddy cultivation and that the land as such is unsuitable for paddy cultivation. Therefore relying on these documents petitioner submits that the alleged entry in the revenue records to the effect that the land in question is a paddy filed is absolutely incorrect. 3 4. A statement has been filed by the 4th respondent and in para 3 thereof, it is stated as follows; “The above land was originally a paddy field but now it is almost has converted as a purayidam and seen that grown up coconut trees 14 numbers and Aracanut trees 2 nos with 30 years growth are seen in the land. About 1.17 Ares of land is found filled. Two house basements of area 1.35 M and 42.5 M respectively are constructed in the above land. The neighbouring land is also for the same nature wherein also a new house is being constructed.” Thus not only the records produced by the petitioner but even in the statement filed by the 3rd respondent, the fact that the land in question is a garden land is admitted and the alleged entries in the revenue records is totally unrelated to the facts. 5. In these circumstances, I see no justification for Ext.P7 stop memo that is issued to the petitioner and therefore 4 Ext.P7 will stand quashed. The petitioner will be permit to proceed with the construction on the strength of Ext.P6 building permit and Ext.P6(a) approved plan. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. 5