IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 2969 of 2010(U) ------------------------------------ PETITIONER(S): ------------------------ 1. P.P.NOUSHIQUE, S/O.P.P.KOYA, PONNAMPARAMBATH HOUSE, P.O.CHEVAYUR, CALICUT-673 017. 2. P.P.JESIQUE, S/O.P.P.KOYA, PONNAMPARAMBATH HOUSE, P.O.CHEVAYUR, CALICUT-673 017. BY ADVS.MR.E.K.NANDAKUMAR MR.A.K.JAYASANKAR NAMBIAR MR.K.JOHN MATHAI MR.P.BENNY THOMAS MR.P.GOPINATH MR.V.J.ANAND RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, WAYANAD. 2. THE VILLAGE OFFICER, KUNNATHIDAVAKA VILLAGE, WAYANAD DISTRICT. BY SR. GOVT. PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.2969 OF 2010 --------------------------------------- Dated this the 17th day of February, 2010. J U D G M E N T The petitioners are seeking to quash Exhibit P8 stop memo whereby they are prevented from proceeding with the construction of a residential building. A reading of Exhibit P8 shows that the same has been issued in the light of the instruction made by the Tahsildar that till the survey in respect of the properties in resurvey Nos.149/1, 152, 141 is over, construction activities will have to be stopped. 2. It is the case of the petitioners that they are the absolute owners of land having an extent of 1 acre in survey Nos.215/5, 216/3 and 149/2 of Kunnathidavaka village of Vythiri Taluk in Wayanad District. They obtained permit as per Exhibit P1 from the Vythiri Grama Panchayath. The constructions are being made only in respect of the properties covered by survey No.149/2. 3. The petitioners have produced Exhibits P2 to P7 in W.P.(C) No.2969/2010 2 support of their plea that no construction activities are made by them in any part of the properties mentioned in Exhibit P8 and they have no ownership of the properties covered by survey Nos.149/1, 152, 141 mentioned therein. It is therefore, submitted that the stop memo has been issued illegally and without any justification. 4. Learned Government Pleader on instructions submitted that with regard to the survey numbers mentioned in Exhibit P8, action is being taken to measure up the properties and it is only thought that till the same is over, any construction activities will have to be kept in abeyance. It is also pointed out that the petitioners can approach the District Collector for modification as requested in Exhibit P9. The petitioners can appear before the District Collector to pass appropriate orders in the light of the plea raised by the petitioners that they are not making any constructions in respect of the items of properties mentioned in Exhibit P8. Prima facie, there cannot be any objection for allowing the petitioners to complete the construction activities. But, it is made clear that it will be at the risk of the petitioners. W.P.(C) No.2969/2010 3 Therefore, there will be a direction to the District Collector to take a decision on Exhibit P9, after hearing the petitioners also, within a period of one month. Meanwhile, the petitioners can proceed with the construction but the same will be at their risk. The petitioners will produce a copy of this judgment along with copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp