Shankarankutty vs District Collector
2021 Latest Caselaw 5947 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                       WP(C).No.2575 OF 2021(V)


PETITIONER:

               SHANKARANKUTTY
               AGED 70 YEARS
               S/O. SHANKARAN NAIR, KANNANCHERI HOUSE, MANIMOOLI
               P.O., MALAPPURAM DISTRICT-679333.

               BY ADVS.
               SRI.U.K.DEVIDAS
               SRI.P.C.PRAMODH

RESPONDENTS:

      1        DISTRICT COLLECTOR,
               COLLECTORATE, CIVIL STATION, MALAPPURAM-676505.

      2        TAHSILDAR,
               TALUK OFFICE, NILAMBUR, MALAPPURAM-679329.

      3        VILLAGE OFFICER,
               VAZHIKKADAVU VILLAGE OFFICE, VAZHIKKADAVU P.O.,
               MALAPPURAM DISTRICT-679333.

      4        THE DISTRICT OFFICER,
               GROUND WATER DEPARTMENT, CIVIL STATION ROAD, UPHILL,
               MALAPPURAM DISTRICT-676505.

      5        SUB COLLECTOR,
               PERINTHALMANNA, PERINTHALMANNA ROAD, SHANTHI NAGAR,
               MALAPPURAM DISTRICT-679322


               SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2575 OF 2021(V)

                                  2




                                JUDGMENT

Dated this the 18th day of February 2021

The petitioner is aggrieved by Ext.P3 stop

memo issued by the Village Officer against the

construction of a bore well in his property.

The petitioner submits that the Village Officer

does not have any authority to issue a stop

memo. It is also stated that the petitioner has

approached the District Collector and the

District Collector had, as per Ext.P9, called

for a report from the Tahsildar as early as on

01.04.2020 and thereafter, the Sub Collector had

also called for a report from the Tahsildar as

per Ext.P10 on 02.04.2020.

2. According to the petitioner, there is

no final order either from the District

Collector or from the Sub Collector and the stop

memo continues to be in force. The petitioner

also points out that there are certain WP(C).No.2575 OF 2021(V)

complaints which are apparently submitted only

after the stop memo was issued. The petitioner

has submitted a complaint before the District

Collector, based on which, Ext.P9 order was

passed.

3. Therefore, the writ petition is

disposed of with a direction to the 1st

respondent to consider the complaint of the

petitioner after affording an opportunity of

hearing to the petitioner as well as the persons

who are likely to be affected and specifically

the complainants, based on which Ext.P8 stop

memo was issued. Orders shall be passed within

a period of six weeks from the date of receipt

of a copy of the judgment.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.2575 OF 2021(V)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DISABILITY CERTIFICATE DATED 07/05/2005 ISSUED BY THE MEDICAL BOARD.

EXHIBIT P2 TRUE COPY OF THE DISABILITY CERTIFICATE DATED 21/05/2005 ISSUED BY THE MEDICAL BOARD.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 14/10/2019 ISSUED BY THE FOURTH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE GENERAL BUILDING PERMIT DATED 09/12/2019 ISSUED BY THE VAZHIKKADAVU GRAMA PANCHAYATH.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE 31/12/2019 ISSUED BY THE AGRICULTURE OFFICER, VAZHIKKADAVU.

EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 03/01/2020 ISSUED BY THE FOURTH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE PIPES KEPT IN THE PROPERTY OF THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE STOP MEMO DATED 16/03/2020 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 01/04/2020 ISSUED BY THE FIRST RESPONDENT TO THE SECOND RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 02/04/2020 ISSUED BY THE FIFTH RESPONDENT TO THE SECOND RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE COMPLAINT DATED 18/03/2020 SUBMITTED BY LOCAL FAMILIES BEFORE RDO, PERINTHALMANNA. WP(C).No.2575 OF 2021(V)

EXHIBIT P12 TRUE COPY OF THE LETTER DATED 23/11/2020 ISSUED BY THE SECOND RESPONDENT TO THE THIRD RESPONDENT.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE