Hussain vs District Collector
2024 Latest Caselaw 16820 Ker

Kerala High Court

Hussain vs District Collector on 12 June, 2024

WP(C) NO. 2545 OF 2017
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR. JUSTICE S.MANU
    WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                         WP(C) NO. 2545 OF 2017
PETITIONER/S:

          HUSSAIN
          AGED 36 YEARS
          AGED 36 YEARS, S/O.SAINUDEEN KUNJU,MAVELITHARAYIL,
          MEMANA,OACHIRA, KOLLAM.

          BY ADVS.
          SRI.R.SUNIL KUMAR
          SMT.A.SALINI LAL



RESPONDENT/S:

    1     DISTRICT COLLECTOR
          COLLECTOR, KOLLAM - 682 202.

    2     THE VILLAGE OFFICER
          VILLAGE OFFICE, OACHIRA - 682101.

    3     THE AGRICULTURAL OFFICER
          KRISHI BHAVAN, OACHIRA 682101.


OTHER PRESENT:

          GP-Sri.M.Rajeev




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2545 OF 2017
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                                JUDGMENT

Dated this the 12TH day of June, 2024

Petitioner approached this Court aggrieved by Ext.P6 stop

memo issued by the 2nd respondent. The said stop memo was

issued when the petitioner tried to construct a residential house

in the property comprised in Survey No.6/15-2 of Ochira

Village. The reasons stated in the stop memo is that the said

property has been described as nilam in the settlement register.

2. Learned Counsel for the petitioner points out that

the property in question is actually garden land and has been

described as dry land in the revenue records. It was also

pointed that the said property is not included in the data bank.

This is made clear by the Agricultural Officer in Ext.P7.

3. Taking note of Exts.P7 and P8, I am of the view that

the issue should be reconsidered by the 2 nd respondent-Village

Officer. Therefore, this writ petition is disposed of with a

direction to the 2nd respondent to provide an opportunity of

hearing to the petitioner within a period of four weeks from the

date of receipt of a copy of this judgment, taking into account WP(C) NO. 2545 OF 2017

Ext.P7 and P8. Thereafter the Village Officer shall take a

decision as to whether Ext.P6 is to be recalled or to issue a

reasoned order to the petitioner. This shall be done within two

weeks from the date of hearing.

The writ petition is disposed of accordingly.

Sd/ S.MANU, JUDGE

jm/ WP(C) NO. 2545 OF 2017

APPENDIX OF WP(C) 2545/2017

PETITIONER EXHIBITS

EXHIBIT-P1: COPY OF SETTLEMENT DEED NO.795/2011 DATED 10/3/2011.

EXHIBIT-P2: COPY OF THE TAX RECIPT.

EXHIBIT-P3: COPY OF POSSESSION CERTIFICATE.

EXHIBIT-P4: COPY OF THE BUILDING PERMIT.

EXHIBIT-P5: COPY OF THE JUDGMENT IN W.P.(C) NO.33971/2016.

EXHIBIT-P6: COPY OF THE STOP MEMO ISSUED BY THE 2ND RESPONDENT.

EXHIBIT-P7: COPY OF LETTER ISSUED BY THE AGRICULTURAL OFFICER.

EXHIBIT-P8: COPY OF THE BASIC TAX REGISTER.