Dismissed

Assan Koya v. the Secretary to Government

Kerala HC20 Nov 2013WP(C)/18098/2013

Case brief

AI extract

What is this about?

The High Court of Kerala, on a writ petition filed by petitioners seeking to be allowed to proceed with construction on their property, held that a stop memo issued by the Village Officer based on complaints regarding paddy land was withdrawn by the District Collector due to misconceived facts. Consequently, the Court held that the impediment no longer existed and dismissed the petition as no furt

What did the court decide?

Petitioners set at liberty to proceed with construction strictly in terms of the Building Permit; writ petition closed without further orders.

Assan Koya Vs the Secretary to Government — Land Acquisition | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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WEDNESDAY, THE 20TH DAY OF NOVEMBER 2013/29TH KARTHIKA, 1935

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WP(C).No. 18098 of 2013 (J)

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PETITIONER(S):

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1. ASSAN KOYA, AGED 50 YEARS,

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S/O.AHAMED KOYA, KALMABI MANZIL, KUNDUNGAL

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KALLAI P.O, KOZHIKODE.

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2. PRADEEP, AGED 50 YEARS, S/O.A.K.PRABHASANKARA, SANTHI, PUTHIYANGADI P.O., KOZHIKODE.

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3. ABOOBACKER KOYA, AGED 52 YEARS,

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S/O.S.V.ABDULLA KOYA, 8C, GALAXY APARTMENTS,

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WEST NADAKKAVU, KOZHIKODE.

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4. ANWAR HASSAN, AGED 46 YEARS,

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S/O.HASSANKOYA, CEYLON HOUSE, HALWA BAZAR KOZHIKODE.

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5. P.P.MARIAMBI, AGED 68 YEARS,

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P.P HOUSE, VATTAMPOYIL, KALLAI P.O.,

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KOZHIKODE.

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6. WAFA, AGED 40 YEARS,

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W/O.LATE P.P.NAZEER AHAMED, RESIDING AT 20/1326,

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BAITHUL BARAMY, THIRUVANNOOR ROAD, KOZHIKODE.

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7. NASHWA MARIAM, AGED 20 YEARS,

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D/O.LATE P.P.NASEER AHAMMED, RESIDING AT 20/1326,

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BAITHUL BARAMY, THIRUVANNOOR ROAD, KOZHIKODE.

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8. NAFIA, AGED 16 YEARS,

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D/O.LATE P.P.NASEER AHAMMED, RESIDING AT 20/1326, BAITHUL BARAMY, THIRUVANNOOR ROAD,

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KOZHIKODE. MINOR REPRESENTED BY HER MOTHER

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MRS. WAFA (PETITIONER NO.6)

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9. WAZEER AHAMED, AGED 9 YEARS,

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S/O.LATE P.P.NASEER AHAMMED, RESIDING AT 20/1326 BAITHUL BARAMY, THIRUVANNOOR ROAD

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KOZHIKODE. MINOR REPRESENTED BY HIS MOTHER

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MRS. WAFA (PETITIONER NO.6)

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CONT...

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WP(C).No. 18098 of 2013 (J)

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10. M/S. CONFIDENT PROJECTS INDIA (P) LTD REPRESENTED BY ITS MANAGING DIRECTOR, T.A.JOSEPH, AGED 50 YEARS,

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S/O. LARE T.G.ALEXANDER THERUVIPARAMBIL, 33/2652D THERUVIPARAMBIL HOUSE, VENNALA P.O, KOCHI ERNAKULAM.

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BY ADV. SRI.S.SHANAVAS KHAN

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. THE DISTRICT COLLECTOR KOZHIKODE-673 001.

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3. THE KOZHIKODE CORPORATION REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE KOZHIKODE- 673 001.

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4. THE SECRETARY KOZHIKODE CORPORATION, KOZHIKODE-673 001.

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5. THE VILLAGE OFFICER KOTTOOLI, KOZHIKODE-673 001.

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6. N.V.RAJAN, AGED 64 YEARS, S/O.PARECHAN, CHAIRMAN JANAKEEYA COMMITTEE, 29/175 THALIPARAMBU HOUSE, KOTTOLI P.O, KOZHIKODE 673 016.

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7. O.T.SUDHEESH, AGED 34 YEARS, CONVENOR JANAKEEYA COMMITTEE, 29/476 POKKUNDARI PARAMBU, KOTTOOLI P.O, KOZHIKODE 673 016.

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BY GOVERNMENT PLEADER SMT.K.T.LILLY BY SRI.K.D.BABU,SC,KOZHIKODE CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 18098 of 2013 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXHIBIT P1. COPY OF THE TAX RECEIPT DATED 25.10.2012 ISSUED BY THE 5TH RESPONDENT.

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EXHIBIT P2. COPY OF THE FORWARDING LETTER DATED 5.2.2010 OF THE 4TH RESPONDENT.

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EXHIBIT P3. COPY OF THE CHALAN DATED 27.02.2010 EVIDENCING THE PAYMENT OF RS. 54,300/- BY THE PETITIONERS TO THE FIRE AND RESCUE DEPARTMENT.

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EXHIBIT P4. COPY OF THE NO OBJECTION CERTIFICATE DATED 25.3.2010 ISSUED BY THE FIRE AND RESCUE DEPARTMENT.

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EXHIBIT P5. COPY OF THE CONSENT TO ESTABLISH ISSUED BY POLLUTION CONTROL BOARD.

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EXHIBIT P6. COPY OF THE COMMUNICATION NO.13630/RB3/2012/LSGD DATED 1.8.2012 OF THE FIRST RESPONDENT.

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EXHIBIT P7. COPY OF THE RECEIPT ISSUED BY THE THIRD RESPONDENT EVIDENCING THE PAYMENT OF BUILDING PERMIT FEE.

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EXHIBIT P8. COPY OF THE BUILDING PERMIT DATED 27.8.2012 ISSUED BY THE FOURTH RESPONDENT.

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EXHIBIT P9. COPY OF THE JOINT VENTURE AGREEMENT DATED 23.2.2013 EXECUTED BETWEEN PETITIONER NOS.1 TO 9 AND 10.

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EXHIBIT P10. COPY OF THE REPRESENTATION DATED 10.6.2013 SUBMITTED BY THE 10TH PETITIONER BEFORE THE 2ND RESPONDENT.

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EXHIBIT P11. COPY OF THE NOTIFICATION DATED 14.12.2009. EXHIBIT P12. COPY OF THE REPRESENTATION DATED 26.6.2013 SUBMITTED BY THE 10TH PETITIONER BEFORE THE 2ND RESPONDENT.

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EXHIBIT P13. COPY OF THE STOP MEMO DATED NIL ISSUED BY THE 5TH RESPONDENT.

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EXHIBIT P14. COPY OF THE COMMUNICATION DATED 8.6.2013 ISSUED BY THE PUBLIC INFORMATION OFFICER OF 3RD RESPONDENT.

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CONT...

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WP(C).No. 18098 of 2013 (J)

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EXHIBIT P15. COPY OF THE ORDER DATED 30/09/2013 OF THE DISTRICT COLLECTOR, KOZHIKODE.

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EXHIBIT P16. COPY OF THE APPLICATION DATED 5/10/2013 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

P.R. RAMACHANDRA MENON J.

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W.P.(C) No. 18098 of 2013

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Dated, this the 20^th day of November, 2013

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JUDGMENT

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The grievance of the petitioner is mainly with regard to Ext. P13 stop memo issued by the 5^th respondent intercepting the construction being conducted by the petitioner on the strength of Ext. P8 building

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permit. On enquiry it is revealed that Ext. P13 stop memo was issued on the basis of some complaints preferred by the respondents 6 and 7, stating that the property concerned is a 'paddy land' and that no construction is possible. This made the petitioner to approach this Court by filing the present writ petition for appropriate relief.

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During pendency of the writ petition, pursuant to the steps taken by the petitioner, the matter was considered by the second respondent, who arrived at an inference that the stop memo came to be issued on the basis of misconceived facts and accordingly, Ext. P13 stop memo was ordered to be withdrawn, vide Ext. P15 proceedings dated 30.09.2013. The grievance of the petitioner is that, in spite of the turn of events, the petitioner is not permitted to proceed with the

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W.P.(C) No. 18098 of 2013

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: 2 :

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construction, which made petitioner to file Ext. P16 representation before the second respondent, which is still to be acted upon.

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Heard the learned Government Pleader as well.

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Considering the turn of events, this Court finds that the

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impediment placed on the way of the petitioner in effecting the construction is no more in existence, the same having been ordered to be withdrawn as per Ext. P15 order. In the said circumstances, the petitioner is set at liberty to proceed with construction, strictly in terms of Ext. P8 and in conformity with the relevant provisions of law, unless it is prevented by orders, if any, issued by any competent Court of law or such other authorities. The writ petition is closed, as no further orders are required.

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Sd/-

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P. R. RAMACHANDRA MENON, (JUDGE)

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kmd

Assan Koya v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

Assan Koya v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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