IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 10712 of 2010(L) -------------------------------------- PETITIONER: ------------------- T.V.GEORGE, S/O. LATE.T.P.VARUNNY, CHITTILAPPILLY THANDYAKKAL HOUSE, PALACE ROAD, CHALAKUDY, THRISSUR DISTRICT. BY ADV. MR.A.D.SHAJAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. TAHSILDAR, TALUK OFFICE, IRINJALAKUDA, THRISSUR DISTRICT. 4. TALUK SURVEYOR, TALUK OFFICE, IRINJALAKUDA, THRISSUR DISTRICT. 5. ASSISTANT ENGINEER, IRRIGATION SECTION, CHALAKUDY. R1 TO R4 BY GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.10712/2010-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of April, 2010 J U D G M E N T The petitioner is aggrieved by the stop memo issued by the Assistant Engineer, namely, the fifth respondent herein. The case of the petitioner is that he is in absolute possession and in peaceful enjoyment of land and buildings comprised in Survey Nos.666/4 and 666/13 to an extent of 26.77 cents in East Chalakkudy Village, Mukundapuram Taluk. The property is situated near Eastern side of Chalakkudy river bridge and close to the opposite side of Sree Krishna Temple. When the petitioner started construction of the boundary wall in order to prevent the boundary from being breached by the upper soil falling into the river, a stop memo has been issued. It is made clear in the stop memo that he will be allowed to have further construction only after taking measurement by the Taluk Surveyor and after executing an agreement with the Irrigation Department. He has filed Ext.P2 representation before the Tahsildar seeking for permission to continue with the construction. 2. The learned Government Pleader on instructions submitted that the Assistant Engineer has already requested the Taluk Surveyor to take measurement in order to find out W.P.(C). No.10712/2010 -:2:- whether there is any encroachment by the petitioner. The said process will be completed without further delay so as to finalise the action on the stop memo issued. Meanwhile, the Tahsildar will consider Ext.P2 request to resolve the dispute. It is pointed out by the learned counsel for petitioner that the constructions will have to be made before monsoon starts. Therefore, respondents 3 to 5 will take appropriate action to finalise the same within a period of one month. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms