IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 13722 of 2011(M) ---------------------------------------- PETITIONER(S): ------------------------ THE PARSI ANJUMAN CANNANORE, REPRESENTED BY ITS PRESIDENT MRS. TEHME M.MISTRY, W/O. LATE MACKY B.MISTRY,RESIDING AT "AHURA", FORT ROAD, KANNUR-1. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE VILLAGE OFFICER, KANNUR-1 VILLAGE, KANNUR. 3. POOCHALI CHANDRAN, S/O. KUNJABU, AGED 67 YEARS, KANNUR-1 AMSOM, KASANA KOTTA, NEAR PARSI ANJUMAN BUNGLOW, ANAYIDUKKU WARD, POST THANA, KANNUR TALUK. R1 & R2 BY GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.13722/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DECREE OF THE SUBORDINATE JUDGE, THALASSERY IN O.S.NO.8 OF 1929 DATED 23/09/1929. P2 COPY OF THE ASSIGNMENT DEED EXECUTED BY THE THEN PRESIDENT OF THE PETITIONER TRUST IN FAVOUR OF THE THIRD RESPONDENT. P3 COPY OF THE ASSIGNMENT DEED EXECUTED BY THE PETITIONER IN FAVOUR OF KOVAPURATH HASFATHBI DATED 18/03/1989. P4 COPY OF THE ASSIGNMENT DEED DATED 27/01/1989 EXECUTED BY THE THEN PRESIDENT OF THE PETITIONER TRUST IN FAVOUR OF KADRIKATHAKA PILLANTAKATH JUBIRIYATH. P5 COPY OF THE NOTICE UNDER SECTION 3 OF THE LAND ACQUISITION ACT ISSUED BY THE SUB COLLECTOR, LAND ACQUISITION OFFICE, THALASSERY DATED 06/11/1991. P6 COPY OF THE NOTICE UNDER SECTION 9 (1) OF THE LAND ACQUISITION ACT DATED 10/01/1994 ISSUED TO THE PETITIONER TRUST. P7 COPY OF THE NOTICE OF THE SECOND RESPONDENT DATED 06/05/2011 P8 COPY OF THE NOTICE DATED 07/05/2011 ISSUED BY THE VILLAGE OFFICER TO THE PRESENT PRESIDENT OF THE PETITIONER. P9 COPY OF THE REPLY SUBMITTED BY THE PETITIONER ON 09/05/2011 P10 COPY OF THE UNDATED NOTICE RECEIVED BY THE PETITIONER ON 12/05/2011. P11 COPY OF THE REPLY DATED 17/05/2011 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 13722 OF 2011 ----------------------------------------------------- Dated this the 27th day of July, 2011 J U D G M E N T Petitioner is aggrieved by Ext.P7, a notice issued by the 2nd respondent, requiring the petitioner to stop all developmental activities in the property mentioned therein including altering the building mentioned in the notice. 2. According to the learned Government Pleader this notice was issued by the 2nd respondent based on the instructions of the District Collector, Kannur. It is also submitted that subsequently an enquiry was conducted by the 2nd respondent and he made a report to the District Collector, confirming that the petitioner has absolute title and ownership over the property mentioned in Ext.P7 and recommended that the ban order be lifted. It is also submitted that based on the report final orders have to be passed by the District Collector. W.P.(C) No. 13722 OF 2011 :2 : 3. From the instructions obtained by the learned Government Pleader, a copy of which was made available to the court, it is seen that Village Officer has recommended that the ban order be lifted. Now such a recommendation has been made and as Ext.P7 was issued based on the instructions of the District Collector, I direct the District Collector to consider the issue in relation to the property mentioned in Ext.P7 in the light of the report submitted by the 2nd respondent. This shall be done as expeditiously as possible at any rate within eight weeks from the date of receipt of a copy of this judgment. In the meanwhile the status quo as on today will continue. The petitioner will produce a copy of this judgment along with a copy of the Writ Petition before the District Collector who shall comply with the above direction. ANTONY DOMINIC, JUDGE ul/-