MARTIN.P.K. Vs. VILLAGE OFFICER

JUDGEMENT

(1.) THIS writ petition is filed aggrieved by the proceedings issued by the Village Officer, the first respondent herein, prohibiting construction of a residential building.

(2.) THE land in question is owned by the petitioner which is having an extent of 3.75 ares covered by Ext.P1 sale deed. This is a fully reclaimed land and is lying without any agricultural operation for more than 30 years, according to the petitioner. The properties on all sides of it are also reclaimed/garden land and the northern side of the property is a Panchayat road. The petitioner who is employed as a cook and is running his catering unit, purchased the land to start it in his own building and also to reside there. A plan for construction of a two storied building for residential as well as catering purpose, was prepared and after due intimation to the Panchayat, the construction was started. It is thereafter the prohibitory orders have been issued. The objection raised is that going by the Village records the property is shown as 'nilam' and therefore further verification is required.

(3.) THE petitioner has filed a reply affidavit, producing Ext.P6, a fresh decision taken by the Secretary of the Panchayat, after a joint inspection conducted by the Agricultural Officer, Village Officer and the Secretary.