Petitioner challenged a stop memo restricting construction on seaside land. The Court directed the second respondent to complete proceedings within three months.
The second respondent to complete proceedings and finalize matters within three months.
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 A.M.SHAFFIQUE
FRIDAY, THE 27TH DAY OF JUNE 2014/6TH ASHADHA, 1936`
WP(C).No. 14466 of 2014 (G)
PETITIONER(S):
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SHAHANA M.BASHIR, AGED 40 YEARS, ANANDALAYAM HOUSE, VELIANCODE, MALAPPURAM DISTRICT, PIN: 679 579.
BY ADVS.SRI.K.A.SHAMSUDEEN SRI.K.J.MOHAMMED ANZAR
RESPONDENT(S):
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1. THE DISTRICT COLLECTOR, MALAPPURAM, PIN: 676 505.
2. THE VILLAGE OFFICER, VELIANCODE, MALAPPURAM DISTRICT, PIN: 679 579.
BY SENIOR GOVERNMENT PLEADER SRI.K.C.VINCENT.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rvs/
WP(C).No. 14466 of 2014 (G)
APPENDIX
PETITIONER(S)' EXHIBITS :
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| EXT.P1: | TRUE COPY OF THE DOCUMENT NO.4338/06/1 DATED 19/10/2006 OF PONNANI SUB-REGISTRY. |
|---|---|
| EXT.P2: | TRUE COPY OF THE ORDER NO.298/12 DATED 21/11/2012 ISSUED BY THE VILLAGE OFFICER, VELIANCODE. |
| EXT.P3: | TRUE COPY OF THE REPLY DATED 2/1/2013 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. |
| EXT.P4: | TRUE COPY OF THE LAWYERS NOTICE DATED 6/12/2013 SENT TO THE 2ND RESPONDENT. |
EXT.P4(A): TRUE COPY OF THE POSTAL RECEIPT DATED 6/12/2013.
RESPONDENT(S)' EXHIBITS:
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NIL.
/true copy/
P.A.TO JUDGE
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A.M.SHAFFIQUE, J. --------------------------------------W.P.(C) No.14466 of 2014
Dated this the 27th June, 2014
JUDGMENT
Petitioner is faced with Ext.P2, a stop memo issued by the 2nd respondent restraining the petitioner from carrying out any construction activities in the property, which is by the sea side. According to the petitioner, though he had approached authorities several times, no action had been taken in the matter to finalise the proceedings. A lawyer's notice was also issued on 06.12.2013, but still there was no reply as well.
2
W.P.C.No.14466 OF 2014
The 2nd respondent shall place all records relating to Ext.P2 before the proper authority and the proceedings shall be finalised within a period of three months from the date of receipt of a copy of this judgment.
Sd/A.M.SHAFFIQUE, JUDGE
sd
// TRUE COPY // P.A. TO JUDGE
2 issues framed by the court
Whether the authorities issuing the stop memo must complete proceedings within a specified time frame.
Whether the petitioner's construction activities are restrained pending finalisation of proéceedings.
Shahana M. Bashir
The District Collector, Malappuram
The Village Officer, Veliancode
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
