This writ petition challenged a stop memo issued by the Village Officer restraining reconstruction on the petitioner's property. The Court held the memo unsustainable due to factual inconsistencies regarding survey numbers and encouraged parties to approach the Civil Court for boundary disputes.
Impugned stop memo (Ex. P7) set aside. Petition allowed. No cost.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 18TH DAY OF NOVEMBER 2013/27TH KARTHIKA, 1935
WP(C).No. 12070 of 2013 (G)
PETITIONER :
A.RAMADAS, AGED 48 YEARS, S/O.ARUMUGHAN, RESIDING AT THRIPTHY NIVAS, BHOOTHYVAZHI, AGALI P.O., PALAKKAD-678581.
BY ADVS.SRI.T.C.SURESH MENON
SRI.P.S.APPU
RESPONDENT(S):
1. THE VILLAGE OFFICER,
2. LAKSHMY SUBRAMANIAN,
3. USHA KUMARI,
R1 BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
vs
WP(C).No. 12070 of 2013 (G)
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1: TRUE COPY OF THE PATTAYAM DATED 31.1.1974. EXHIBIT P2: TRUE COPY OF THE PATTAYAM DATED 30.10.1975. EXHIBIT P3: TRUE COPY OF THE PHOTOGRAPHS DATED NIL. EXHIBIT P4: TRUE COPY OF THE TAX RECEIPT DATED 11.4.2013. EXHIBIT P5: TRUE COPY OF THE POSSESSION CERTIFICATE DATED 11.4.2013. EXHIBIT P6: TRUE COPY OF THE IDENTITY CARD OF THE PETITIONE'S WIFE DATED 30.3.2013. EXHIBIT P7: TRUE COPY OF THE STOP MEMO ISSUED BY THE 1ST RESPONDENT DATED 3.5.2013. EXHIBIT P8: TRUE COPY OF THE MEMO OF CHARGES ISSUED BY THE DISTRICT COLLECTOR TO THE 3RD RESPONDENT DATED 26.1.2010. EXHIBIT P9: TRUE COPY OF THE PETITION FILED BY THE PETITIONER DATED 7.8.2012. EXHIBIT P10: TRUE COPY OF THE COMPLAINT PREFERRED BY THE 2ND RESPONDENT DATED 29.4.2013.
EXHIBIT P11: TRUE COPY OF THE EXTRACT OF THE PROPERTY TAX REGISTER MAINTAINED BY THE AGALI GRAMA PANCHAYATH DATED NIL.
RESPONDENT(S)' EXHIBITS : NIL
// TRUE COPY //
P.S. TO JUDGE
vs
P.R. RAMACHANDRA MENON J.
W.P.(C) No. 12070 of 2013
Dated, this the 18th day of November, 2013
JUDGMENT
The petitioner is stated as aggrieved of Ext. P7 stop memo issued by the first respondent, whereby the steps taken by the petitioner to reconstruct the existing dilapidated residential house situated in Survey No. 658/7 of Agaly village have been intercepted, absolutely without any rhyme or reason.
W.P.(C) No. 12070 of 2013
: 2 :
Government land and also referring to the boundary dispute between the 2nd respondent and the petitioner. This made the petitioner to file this writ petition.
W.P.(C) No. 12070 of 2013
: 3 :
P11, Building Tax Assessment Register, Survey No. of the second respondent's property is shown as '658/5'. Be that as it may, in Ext. P7 stop memo, the property of the second respondent is stated as situated in Survey No. '658/pt', whereas the petitioner is claiming right over the property situated only in survey No. 658/7.
W.P.(C) No. 12070 of 2013
: 4 :
belonging to him. So also, it is open for the first respondent/Revenue Authorities to take remedial measures, if there is encroachment to the Government land, by resorting to the
appropriate proceedings under the Land Conservancy Act/Rules.
Writ Petition is allowed to the said extent. No cost.
Sd/-
P. R. RAMACHANDRA MENON, (JUDGE)
kmd
2 issues framed by the court
Whether interim stay should be discharged in a dispute over alleged encroachment and stop memo issued by revenue authorities.
Whether the impugned stop memo specifically alleges encroachment on government land or the disputed private property.
A. Ramadas
The Village Officer, Agali P.O.
Lakshmy Subramanian
Usha Kumari
P. R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
