The High Court of Kerala dismissed a writ petition filed to challenge an order confirming a stop memo, observing that the petitioner's apprehension cannot stand after seven years despite earlier averments of filing a suit.
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 SMT. JUSTICE P.V.ASHA
FRIDAY, THE 15TH DAY OF JULY 2016/24TH ASHADHA, 1938
WP(C).No. 13075 of 2009 (D)
PETITIONER :
P. GOPALAKRISHNAN NAIR, ELANEAZHATHU VEEDU, KULANGARA BHAGAM, CHAVARA, KOLLAM.
BY ADV. SRI.M.P.MADHAVANKUTTY
RESPONDENT(S) :
1. THE CORPORATION OF KOLLAM, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, KOLLAM.
2. THE TOWN PLANNING OFFICER, KOLLAM CORPORATION, CORPORATION OFFICE, KOLLAM.
3. TAHSILDAR, TALUK OFFICE, KOLLAM.
R1 & R2 BY ADV. SRI.M.K.CHANDRA MOHAN DAS, SC R3 BY GOVT. PLEADER SRI. C.K. JAYAKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 13075 of 2009 (D)
APPENDIX
PETITIONER'S EXHIBITS :
| EXT.P1 | : TRUE COPY OF NOTICE DATED 7.7.2004 ISSUED TO THE PETITIONER BY THE IST RESPONDENT. |
|---|---|
| EXT.P2 | TRUE COPY OF THE REPLY DATED 20.7.2004. |
| EXT.P3 | TRUE COPY OF THE JUDGMENT IN WP(C) NO. 22470/2004 DATED 1.9.2008 BEFORE THIS HON'BLE COURT. |
| EXT.P4 | TRUE COPY OF THE NOTICE DATED 23.1.2009 ISSUED BY THE 2ND RESPONDENT. |
| EXT.P5 | TRUE COPY OF THE OBJECTION. |
| EXT.P6 | TRUE COPY OF THE REPRESENTATION DATED 11.3.2009 MADE TO RESPONDENTS 1 & 2. |
| EXT.P7 | TRUE COPY OF THE ORDER DATED 20.3.2009. |
| EXT.P8 | TRUE COPY OF THE LEGAL NOTICE DATED 21.3.2009. |
| EXT.P9 | TRUE COPY OF THE JUDGMENT DATED 26.3.2009 IN WP(C) NO. 8570/2009. |
| EXT.P10 | TRUE COPY OF THE APPEAL FILED BY THE PETITIONER. |
| EXT.P11 | TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER. |
| EXT.P12 | TRUE COPY OF THE RECEIPT ISSUED BY THE IST RESPONDENT. |
| EXT.P13 | TRUE COPY OF THE RECEIPT ISSUED BY THE IST RESPONDENT. |
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
P.S. TO JUDGE
Mn
P.V.ASHA, J.
W.P(C) No.13075 of 2009-D
Dated this the 15th day of July, 2016
JUDGMENT
The petitioner filed this Writ Petition apprehending hasty steps pursuant to Ext.P7 order, by which Ext.P1 stop memo was confirmed. While filing the Writ Petition itself, the petitioner had stated that, he had filed a statutory appeal against Ext.P7 order and that the issue involved in the case is to be determined by a competent civil court.
Accordingly, the Writ Petition is dismissed.
Sd/- (P.V.ASHA, JUDGE)
rtr/
1 issue framed by the court
Whether the apprehension of hasty steps requiring intervention via writ persists after seven years from the filing of the petition.
P. GOPALAKRISHNAN NAIR
THE CORPORATION OF KOLLAM
TAHSILDAR, KOLLAM
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
