SHANAWAZ MYTHEENKUNJU Vs. VILLAGE OFFICER

JUDGEMENT

(1.) Since a common issue is involved in these writ petitions, both were heard and disposed of by this common judgment.

(2.) W.P.(C)No.33656 of 2022 is filed challenging Ext.P3 stop memo issued by the respondent, whereas W.P.(C)No.39930 of 2022 is filed seeking a direction to the official respondents to initiate appropriate steps to reclaim the nature of the land, which is in possession of the 5th respondent(the petitioner in W.P.(C) No.33656 of 2022), to its original position and for other consequential reliefs.

(3.) The petitioner in W.P.(C)No.33656 of 2022 is the owner and in possession of certain extent of property covered by Ext.P1 sale deed. In Ext.P1, the property is classified as 'Purayidom'. The property was mutated and land tax was accepted as per Ext.P2. The contention of the petitioner is that some real estate dealers who reside near the property of the petitioner has approached the vendor of the Ext.P1 property to sell the same to them at a lower price and the vendor did not heed to their demands. After the purchase of the property by the petitioner also, they attempted to trespass and cause damage to the property and thereupon the petitioner has filed O.S. No.326 of 2022 on the files of the Munsiff's Court, Kayamkulam and an order of interim injunction was also granted. As the property covered by Ext.P1 was an uneven land, the petitioner took steps to level the land by filling the same with gravel. While so, Ext.P3 stop memo was issued by the respondent Village Officer, though the petitioner apprised the respondent that as per the Basic Tax Register(BTR) the property is 'purayidom' and as certain places were waterlogged he was attempting to level the property. It is seen that an interim order was granted by this Court on 26/10/2022 against Ext.P3 stop memo.