Dr.A.Jayathilak vs Varghese Kurien
2021 Latest Caselaw 18571 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
        Wednesday, the 8th day of September 2021 / 17th Bhadra, 1943

              R.P.NO. 560 OF 2021(S) IN CONT.CASE No.598/2021


REVIEW PETITIONER/RESPONDENT IN COC:


     DR.A.JAYATHILAK, AGED 55 YEARS,PRINCIPAL SECRETARY, REVENUE
     DEPARTMENT, ROOM NO.201A, 2ND FLOOR, ANNEX-1, GOVERNMENT
     SECRETARIAT, THIRUVANANTHAPURAM-695001.

    BY GOVERNMENT PLEADER




RESPONDENT/PETITIONER IN COC :

     VARGHESE KURIEN, AGED 48 YEARS, S/O. M.V. KURIEN, MADAPRAMBIL,
     KADAVOOR P.O., NJARAKKADU, ERNAKULAM-686711.


BY ADVS. DR.MATHEW A. KUZHALANADAN & SUDEEP ARAVIND PANICKER


     This Review petition praying inter alia that in the circumstances
stated in the affidavit filed therewith the High Court be pleased to stay
the operation of the order of this Honourable Court in Contempt
Case(C)No.598/2021 dated 11.08.2021 until disposal of this review
petition.

       This Review petition having come up for orders upon perusing the
petition and this court's order dated 11.08.2021 in Contempt
Case(C)No.598/2021 and upon hearing the arguments of GOVERNMENT PLEADER
for the Review petitioner/Respondent IN COC and of M/s DR.MATHEW A.
KUZHALANADAN & SUDEEP ARAVIND PANICKER Advocates for the
respondent/petitioner in COC the court passed the following:
                  A. MUHAMED MUSTAQUE, J.
                ==========================
                        R.P No. 560 of 2021
                                 in
                    Cont. Case No.598 of 2021
          ====================================
             Dated this the 8th day of September, 2021

                          ORDER

The Review Petition is at the instance of the State in the

Contempt Case. The learned counsel for the petitioner, Sri.

Mathew A Kuzhalanadan, submits that NOC is not a

mandatory requirement for any construction in Pallivasal

Village, where the petitioner had undertaken the construction.

It is submitted that the Division Bench judgment of this Court

in W.P (C) No. 1801 of 2010 would only apply to the

constructions in Munnar.

2. It is submitted by the learned counsel that many

constructions have come up in this village without obtaining

NOC from the District Collector.

3. The District Collector is directed to file an affidavit

as to whether any other constructions have been undertaken R.P No. 560 of 2021 ..2..

in this village without any such NOC after 2010 and furnish

the details of such constructions.

4. The learned Government Pleader is directed to get

instructions as to the specific stand of the Government in

regard to the proposed grant of lease in respect of a

construction in a land assigned specifically for agriculture.

Post on 15.09.2021.

Sd/-

A. MUHAMED MUSTAQUE, JUDGE

PR

08-09-2021 /True Copy/ Assistant Registrar