IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 12827 of 2008(B) ---------------------------------------- PETITIONERS: --------------------- 1. DR.JAINEY ALEX, W/O.DR.ALEX JACOB, AGED 44 YEARS, PENIEL GARDENS, PATHANAPURAM. 2. DR.ALEX JACOB, S/O.K.CHAKKO, AGED 50 YEARS, PENIEL GARDENS, PATHANAPURAM. BY ADV. SRI.M.R.RAJENDRAN NAIR (SR.) SRI.M.R.SUDHEENDRAN SRI.M.R.HARIRAJ SRI.SURAJ.S RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE TAHASILDAR, KANJIRAPPALLY TALUK OFFICE, KANJIRAPPALLY. 3. THE VILLAGE OFFICER, KOOTTIKKAL VILLAGE OFFICE, KOOTTIKKAL. BY GOVERNMENT PLEADER SRI. I.V PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 12827 OF 2008 B -------------------------------------- Dated this the 11th April, 2008 JUDGMENT By Ext.P2, a stop memo was issued by the third respondent Village Officer. According to the petitioners, they are owners in possession of certain extent of lands. Ext.P1 series are tax receipts. According to them, they are constructing a building in the property. The construction is alleged to have been commenced in January, 2006 and when it is almost completed, the third respondent Village Officer issued Ext.P2 stop memo. According to the petitioners, they have produced relevant records regarding the title deeds before the second respondent Tahsildar. It is stated that no decision has been taken. Of course, the contention of the petitioners is that the Village Officer has no power to issue such an order. 2. I heard Shri M.R. Rajendran Nair, learned senior counsel appearing for the petitioners and also the learned Government Pleader. It is the complaint of the petitioners that WPC. 12827/08 2 no decision has been taken by the Tahsildar and because of the stop memo, the construction is also stalled. In such circumstances, the Writ Petition is disposed of directing the second respondent to consider and take a decision on Ext.P3 in accordance with law, within a period of one month from the date of receipt of a copy of this Judgment. K. M. JOSEPH, JUDGE kbk.