IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 19970 of 2011(U) --------------------------------------- PETITIONER(S): ------------------------ K.C. JOSE ,S/O.CHERIAN, AGED 61 YEARS, RESIDING AT KIZHAKKETHALAKKAL VEEDU, AYYAPPANKOVIL VILLAGE UDUMBANCHOLA TALUK, KANJIYAR P.O., BY ADV. SRI.C.K.PAVITHRAN, SRI.M.VIVEK. RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, PAINAVU, IDUKKI-685 603. 2. THE REVENUE DIVISIONAL OFFICER, DEVIKULAM-685 613 3. THE VILLAGE OFFICER, KATTAPPANA, PIN-635 508. R1 TO R3 BY GOVT. PLEADER MR.M.H. HANIL KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011, ALONG WITH WP(C) NO. 20035 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 19970 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.149/99 DATED 20/01/1999 OF SUB REGISTRY OFFICE, KATTAPPANA. EXT.P2: COPY OF THE TAX RECEIPT NO.3002858 DATED 21/05/2011 ISSUED BY THE VILLAGE OFFICER. EXT.P3: COPY OF THE BUILDING PERMIT NO.B3-143/2010-11 DATED 17/05/2010. EXT.P4: COPY OF THE APPROVED PLAN WITH FRONT ELEVATION. EXT.P5: COPY OF THE PHOTOGRAPH SHOWING PARTLY CONSTRUCTED STRUCTURE. EXT.P6: COPY OF THE NOTICE NO.291/11 DATED 12/07/2011. EXT.P7 SERIES: COPY OF THE PHOTOGRAPHS SHOWING THE BUILDING NEARBY. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) Nos. 19970 & 20035 OF 2011 ----------------------------------------------------- Dated this the 22nd day of July, 2011 J U D G M E N T Petitioners are constructing commercial cum residential buildings, on the strength of the building permit issued by the Kattapana Grama Panchayath. While the buildings are under construction, the Village Officer, Kattapana has issued Ext.P6 stop memo on the allegation that, the buildings have been constructed in lands reclaimed in violation of the provisions contained under Act 28 of 2008. It is challenging the stop memos these writ petitions are filed. 2. It is the contention of the learned counsel for the petitioners that the stop memo in question is illegal for various reasons. However, having regard to the allegations contained in the stop memos, that the lands were reclaimed violating Act 28 of 2008, at this stage, this W.P.(C) Nos. 19970 & 20035 OF 2011 :2 : court is not persuaded to hold that the stop memos were issued without jurisdiction. If that be so, the proper course is to require the Village Officer to report the matter to the District Collector, first respondent herein, the competent authority under Act 28 of 2008. Thereafter it is for the said authority to complete the proceedings initiated against the petitioners. 3. In that view of the matter, and since an expeditious completion of the proceedings is warranted, I dispose of the writ petition with the following directions. 4. On production of a copy of this judgment along with a copy of the writ petition, the Village Officer shall forthwith forward the proceedings to the first respondent, and on receipt of the proceedings the 1st respondent shall W.P.(C) Nos. 19970 & 20035 OF 2011 :3 : issue notice to the parties and after giving opportunity to the petitioners to file their objections, pass final orders in the matter. This shall be done, at any rate, within six weeks from the date of receipt of proceedings by the Village Officer. The writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE ul/-