SELVAM Vs. CORPORATION OF TRIVANDRUM

JUDGEMENT

(1.) THE petitioners are victims of Tsunami occurred in December, 2004. As a measure of rehabilitation, the petitioners were alloted plot as evidenced by Exts. P1 and P2. It is stated that the petitioners have effected construction, pursuant to Ext. P3 sanction given by the local authority, in the said plot, in accordance with the approved plan. While so, the petitioners were served with Ext. P5 stop memo issued by the second respondent, which made the petitioners to approach this Court by filing the present writ petition.

(2.) THE learned Government Pleader appearing for the respondent No. 2 submits, on instructions, that the during the course of construction the petitioners have encroached into the properties of some others and it was in the said circumstances, that Ext. P5 stop memo was issued. It is stated that the petitioners were alloted Plot No. 5 and that the construction has to be effected in the said property alone.

(3.) THE right of the petitioners to construct the building in tune with Ext. P3 permit issued by the first respondent Corporation is not in dispute. It is also brought to the notice of this Court that the construction is almost over and that only interior works are going on.