R. HARIDAS AGED 48 YEARS, S/O.K.RAVEENDRA PANIKAR, AISWARYA, VENGANOOR P.O., THIRUVANANTHAPURAM Vs. THE STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM

JUDGEMENT

(1.) More of less similar contentions are addressed in both the writ petitions, which challenge the stop memo issued by the Village Officer against the construction of two resorts, alleged by the State to be in violation of the clear terms of assignment.

(2.) W.P.(C) No. 32145 of 2016 is filed by a person who is in possession of 00.24.28 hectares of land comprised in Survey No. 1/1-4 of Block No. 15 of Pallivasal Village, Devikulam Taluk, Idukki District. The land was originally assigned to one Manoharan as per Exhibit P2 Patta. The same was conveyed to the petitioner by the pattaadar in Exhibit P2 and the petitioner has been paying tax for the property, as is seen by Exhibit P1. The petitioner, with the intention of constructing a Resort in the said land, made an application before the Additional Tahsildar for certifying the actual situation with respect to the property, as is seen from the subject in Exhibit P3. The Additional Tahsildar, by Exhibit P3, certified that the property is in the possession of the petitioner, who has paid tax with respect to the said property which is not comprised of puramboke land, or belonging to the Scheduled Tribes, Forest land or the like. The certificate was for the purpose of production before the Pallivasal Panchayat.

(3.) Based on Exhibit P3, Exhibit P4 building permit is said to have been issued. The petitioner intended construction of a building with Ground plus 7 Floors, totalling an area of 4578.23 square metres. The application filed before the Panchayat was also transmitted to the Town Planner, Idukki, as is necessitated in the Kerala Panchayat Building Rules, 2011 [for brevity KPBR, 2011 ] for Group A2 constructions. The Town Planner, Idukki had issued Exhibit P5. Obviously on the basis of the directions of a Division Bench of this Court, an application for a No Objection Certificate [for brevity NOC ] was filed by the petitioner before the Tahsildar, in which Exhibit P6 was passed. Exhibit P6 is a communication to the Sub Collector, Devikulam, stating that there could be a NOC issued with respect to the property for the purpose of construction of a building. On that basis, the petitioner is said to have resumed and continued the construction; upon which the petitioner was faced with Exhibit P8 stop memo issued by the Village Officer.