Kerala High Court
A.K.C.Abdul Azeez vs The District Collector on 2 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
WP(C) NO. 35217 OF 2014
PETITIONERS:
1 A.K.C.ABDUL AZEEZ
AGED 47 YEARS
S/O. AHAMMED KUTTY, AKKODE KALATHINGAL HOUSE, P.O.
AKKODE, VIA, VAZHAKKAD, MALAPPURAM DISTRICT-673640.
2 C.M. KUNJU MUHAMMED MUSALIAR
S/O. KOYA MUTHU, KAYATHINGAL HOUSE, AKKODE.P.O.,
MALAPPURAM.
BY ADV SRI.P.R.VENKATESH
RESPONDENTS:
1 THE DISTRICT COLLECTOR
MALAPPURAM DISTRICT-676505.
2 VAZHAKKAD GRAMA PANCHAYAT
P.O. VAZHAKKAD, MALAPPURAM DISTRICT-673640,
REPRESENTED BY ITS SECRETARY.
3 M.K. UNNIMOYINKUTTY
S/O. AHAMMED KAYATHINGAL, PRESIDENT, MUNEERUL ANAM
SANGHOM, VAZHAKKAD GRAMA PANCHAYAT, VAZHAKKAD.P.O.,
PIN-673640.
BY ADVS.
SRI.M.A.FAYAZ
SRI.R.RAMADAS
SRI.SAJU J.VALLYARA
ADV KEERTHIVAS GIRI FOR PETITIONER., ADV ABHINAVA
R2 BY ADV.R.RAMDAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 35217 OF 2014 2
JUDGMENT
Dated this the 2nd day of July 2021
This writ petition was filed seeking a direction to
ensure implementation of Ext.P3 stop memo. Ext.P3 was
issued by the 2nd respondent directing the 3rd respondent to
stop constructions that were being carried out for Muneerul
Anam Sanghom Madrasa. The stop memo was issued since
the Panchayath felt that the construction was illegal.
2. If a stop memo is issued the panchayath is bound to
implement the same unless it is varied. However, even if a stop
memo is issued against a construction, the person aggrieved
can satisfy the issuing authority the legality of the construction
and seek variation of the stop memo. It is seen that no such
explanations have been given by the 3rd respondent and
instead petitioner straight away approached this Court through
this writ.
3. Leaving open the liberty of the 3rd respondent to
aproach the 2nd respondent Panchayath with appropriate
explanations/applications to convince the legality of the
construction that was being carried out, I dispose of this writ
petition reserving the above said liberty to the 3rd respondent.
In the event of any application/explanation being filed by the
3rd respondent, it is needless to say the Panchayath will be
bound to dispose of the same.
It is therefore directed that if any
application/explanation is filed by the third respondent against
Ext.P3 within four weeks from today, the Panchayath shall hear
all the affected parties and take a decision in accordance with
law. However, if such explanation/application is not filed by the
3rd respondent within four weeks from today and the stop
memo has not been varied till date, the same shall be
implemented by the Panchayath in accordance with law.
This writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
SMF
APPENDIX OF WP(C) 35217/2014
PETITIONERS' ANNEXURE
EXHIBIT P1 P1. TRUE COPY OF REPRESENTATION DATED
27-9-2014 SUBMITTED BY THE PETITIONERS
AND OTHERS BEFORE THE 2ND
RESPONDENT.COPY OF THE ENGLISH
TRANSLATION OF EXT.P1.
EXHIBIT P2 P2. TRUE COPY OF THE REPRESENTATION
DATED 27-9-2014 FILED BY THE
PETITIONERS AND OTHERS BEFORE THE 1ST
RESPONDENT.COPY OF THE ENGLISH
TRANSLATION OF EXT.P2
EXHIBIT P3 P3. TRUE COPY OF THE STOP MEMO DATED
1-10-2014 ISSUED BY THE 2ND RESPONDENT
TO THE 3RD RESPONDENT.COPY OF THE
ENGLISH TRANSLATION OF EXT.P3.
EXHIBIT P4 P4. TRUE COPY OF THE REQUEST MADE BY
THE SECRETARY OF THE 2ND RESPONDENT TO
THE STATION HOUSE OFFICER, VAZHAKKAD
POLICE STATION DATED 8-10-2014. COPY
OF THE ENGLISH TRANSLATION OF EXT.P4.
EXHIBIT P5 P5. TRUE COPY OF THE LETTER DATED 14-
10-2014 SUBMITTED BY THE SECRETARY TO
THE STATION HOUSE OFFICER. COPY OF THE
ENGLISH TRANSLATION OF EXT.P5.
EXHIBIT P6 P6. TRUE COPY OF THE REPLY DATED 28-
10-2014. COPY OF THE ENGLISH
TRANSLATION OF EXT.P6.
//TRUE COPY//
PA TO JUDGE
