M/S. Melmont Constructions Pvt. ... vs The State Of Kerala
2022 Latest Caselaw 11903 Ker

WP(C) No.40021/2022                     1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR.JUSTICE N.NAGARESH
         Wednesday, the 21st day of December 2022 / 30th Agrahayana, 1944
                            WP(C) NO. 40021 OF 2022(C)
   PETITIONERS:

      1. M/S. MELMONT CONSTRUCTIONS PVT. LTD. NO. 41/199A, PADIVATTOM NH 47
         BYPASS, EDAPPALLY P.O., COCHIN, ERNAKULAM, KERALA - 682024,
         REPRESENTED BY ITS AUTHORIZED SIGNATORY, SREEJITH LENINDAS.
      2. M/S. PURVA REALTIES PVT LTD NO. 41/199A, PADIVATTOM NH 47 BYPASS
         EDAPPALLY P.O., COCHIN, ERNAKULAM, KERALA - 682024, REPRESENTED BY
         ITS AUTHORIZED SIGNATORY, SREEJITH LENINDAS.

   RESPONDENTS:

      1. THE STATE OF KERALA, DEPARTMENT OF REVENUE, 2ND FLOOR, NORTH BLOCK,
         SECRETARIAT, THIRUVANANTHAPURAM- 695 001 REPRESENTED BY ITS
         SECRETARY.
      2. THE LAND REVENUE COMMISSIONER, LAND REVENUE COMMISSIONERATE, REVENUE
         COMPLEX, PUBLIC OFFICE BUILDING, MUSEUM, THIRUVANANTHAPURAM - 695
         033.
      3. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD ERNAKULAM 682030.
      4. THE TOWN PLANNER, OFFICE OF THE TOWN PLANNING, ECHAMUKU,
         KUNNUMPURAM, KAKKANAD 682030.
      5. THE THRIKKAKARA MUNICIPALITY, NGO QUARTERS - MAVELIPURAM RD,
         THRIKKAKARA, KAKKANAD, KERALA 682030 REPRESENTED BY ITS SECRETARY.
      6. THE VILLAGE OFFICER, VAZHAKKALA VILLAGE OFFICE, NGO QUARTERS,
         VAZHAKKALA, KOCHI, KERALA 682021.
      7. THE AGRICULTURAL OFFICER, THRIKAKARA KRISHI BHAVAN KAKKANAD- 682030.
      8. THE TAHSILDAR, KANAYANNUR TALUK OFFICE, PARK AVE, MARINE DRIVE
         KOCHI- 682 011.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay Ext.P11 stop memo and all further proceedings thereof,
   pending disposal of the Writ Petition.

        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S. SANTHOSH MATHEW, ARUN THOMAS, KARTHIKA MARIA, ANEETA MARY SAJI &
   DIANA LAURANCE PAUL, Advocates for the petitioners and of GOVERNMENT
   PLEADER FOR R1 to R4 and R6 to R8, the court passed the following:
 WP(C) No.40021/2022                        2/3

                                       ORDER

In view of Ext.P7 Judgment, there will be an interim order permitting the petitioner to carry out construction activities, on condition that the petitioner shall not engage in any construction activities on 10 metres of area on either side of the thodu.

There will be a further direction to the 8th respondent Tahsildar to arrange to survey the property and find out whether there is any 'Puramboke' and whether encroachment is made by the petitioner on the Puramboke. A report shall be filed before this Court within a period of one month.

                                                 Sd/- N.NAGARESH JUDGE




21-12-2022                   /True Copy/                           Assistant Registrar
 WP(C) No.40021/2022                 3/3

                       APPENDIX OF WP(C) 40021/2022
Exhibit P7            TRUE COPY OF THE COMMON JUDGMENT DATED 17.05.2021 IN

WP(C) NO. 3381 OF 2021 AND WP(C) NO. 6495 OF 2021.

Exhibit P11 A TRUE COPY OF THE STOP MEMO BEARING NO. 12/22 DATED 03.12.2022 ISSUED BY THE 6TH RESPONDENT.