Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945 WP(C) NO. 12201 OF 2013 PETITIONER: ABOOBACKER AGED 58 YEARS, S/O MOHAMMED, KALLIKOODATINGAL HOUSE, VAZHAYOOR, MALAPPURAM DISTRICT. BY ADV SRI.BABU S. NAIR RESPONDENTS: 1 THE SUB COLLECTOR PERINTHALMANNA, PIN:679 322. 2 THE TAHSILDAR ERNAD TALUK, MANJERI, MALAPPURAM DISTRICT, PIN-676 121. 3 THE SECRETARY VAZHAYOOR GRAMA PANCHAYATH, VAZHAYOOR, MALAPPURAM DISTRICT, PIN:673 633. 4 THE VILLAGE OFFICER VAZHAYOOR VILLAGE, MALAPPURAM DISTRICT, PIN:673 633. BY ADVS. SRI RIYAL DEVASSY, GOVERNMENT PLEADER SRI.V.RAJENDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
------------------------------------ W.P.(C)No.12201 of 2013 ------------------------------------- Dated this the 03rd day of January, 2024
JUDGMENT
The above writ petition is filed with the following prayers:
“i.) Call for the entire records leading up to Exhibit P6 and quash the same by the issuance of a writ of certiorari or any other appropriate writs, orders or directions. ii.) Declare that the 4th respondent has no authority in law to issue Exhibit P6 and Exhibit P6 has been issued totally without jurisdiction. iii.) Grant such other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case.”[SIC]
2. According to the petitioner, the properties
owned by him is described as ‘Purayidam’ in all revenue records, including in the Basic Tax Register kept in the Village Office and all other connected records. Exhibit P1 is the relevant page of the Basic Tax Register kept in the Vazhayoor Village and Exhibit P2 is the certificate issued by the Village Officer, Vazhayoor Village. It is stated that Exhibit P1 and P2 shows that the properties are described as ‘Purayidam’. Exhibit P3 and P4 possession certificate also shows that the properties are ‘Purayidam’.
3. The petitioner had applied for a building
permit for the construction of a residential building to the 3rd respondent and the 3rd respondent had issued Exhibit P5 building permit for constructing a residential building. When the petitioner started construction of the residential building, it is submitted that, the 4 th respondent issued Exhibit P6 stop memo by stating that by looks and by A register, the land appears to be ‘Nilam’ and therefore, the construction has to be stopped. It is the case of the petitioner that Exhibit P6 has been issued without authority and it is against the certificates and documents issued and kept in the Village Office itself. It is also the case of the petitioner that Exhibit P6 is issued without giving notice to the petitioner. Hence, this writ petition is filed.
4. When this writ petition came up for consideration on 10.05.2013, this Court passed an
order to keep in abeyance Exhibit P6 for three weeks.
The above interim order was extended until further orders on 11.10.2013. Evennow, the above interim
order is in force. Considering the facts and
circumstances of the case and also considering the Exhibits produced along with the writ petition, I am of the considered opinion that, Exhibit P6 can be set aside. But, I make it clear that, if there is any violation of statutory provisions, the competent authorities are free to initiate appropriate proceedings, in accordance with law. Therefore, this Writ Petition(C) is disposed of with the following directions; i. Exhibit P6 is set aside. ii. I make it clear that, if there is any violation of any statutory provisions, the competent authorities are free to proceed, in accordance with law. Sd/- P.V.KUNHIKRISHNAN nvj JUDGE APPENDIX OF WP(C) 12201/2013 PETITIONER EXHIBITS
EXHIBIT P1: TRUE COPY OF THE RELEVANT PAGE OF THE BASIC TAX REGISTER KEPT IN THE VAZHAYOOR VILLAGE. EXHIBIT P2: TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, VAZHAYOOR VILLAGE, DATED 15.1.2011. EXHIBIT P3: TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, VAZHAYOOR DATED, 19.1.2013. EXHIBIT P4: TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED, 20.9.2012. EXHIBIT P5: TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 3RD RESPONDENT DATED, 13.3.2013 AS NO.412/2012-13. EXHIBIT P6: TRUE COPY OF THE STOP MEMO ISSUED BY THE 4TH RESPONDENT DATED, 22.4.2013.
RESPONDENTS EXHIBITS : NIL // TRUE COPY// PA TO JUDGE