A C Abraham vs The District Collector
2024 Latest Caselaw 13277 Ker

Kerala High Court

A C Abraham vs The District Collector on 23 May, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
      THURSDAY, THE 23RD DAY OF MAY 2024/2ND JYAISHTA, 1946
                         WP(C) NO.17866 OF 2024
PETITIONER:

             A.C.ABRAHAM, AGED 59 YEARS, S/O.A.T.CHACKO,
             ARUVIKKAL VEEDU, PUTHENPEEDIKA, OMALLUR MURI,
             OMALLUR (P.O), KOZHENCHERRY TALUK,
             PATHANAMTHITTA DISTRICT, PIN - 689647.

             BY ADVS.
             AJITH MURALI
             SWAPNA VIJAYAN
             MOHANAN M.K.


RESPONDENTS:

     1       THE DISTRICT COLLECTOR, COLLECTORATE OFFICE,
             PATHANAMTHITTA DISTRICT, PIN - 689649.

     2       THE VILLAGE OFFICER, OMALLUR VILLAGE OFFICE,
             KOZHENCHERRY TALUK,
             PATHANAMTHITTA DISTRICT, PIN - 689647.

     3       OMALLOOR GRAMA PANCHAYATH,
             REPRESENTED BY ITS SECRETARY, OMALOOR P.O,
             KOZHENCHERRY TALUK,
             PATHANAMTHITTA DISTRICT, PIN - 689647.

     4       THE SECRETARY, OMALLOOR GRAMA PANCHAYATH,
             OMALLOOR P.O, KOZHENCHERRY TALUK,
             PATHANAMTHITTA DISTRICT, PIN - 689647.

     5       THE SENIOR GEOLOGIST,
             DEPARTMENT OF MINING AND GEOLOGY,
             OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY,
             ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691523.

             BY ADV. THOMASKUTTY M.A., STANDING COUNSEL


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.05.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C) No.17866 of 2024
                                   - 2 -



                             JUDGMENT

Dated, this the 23rd May, 2024

The challenge in this Writ Petition is as against

Ext.P5 stop memo, which according to the petitioner

is one issued without notice to the petitioner.

2. Learned counsel for the 3rd respondent Grama

Panchayat would submit that Ext.P5 is not a stop

memo infact, but it has revoked Ext.P4 permit.

3. Having regard to the undisputed fact that Ext.P4

permit was revoked vide Ext.P5 order without hearing

the petitioner, Ext.P5 cannot be sustained and the

same is therefore set aside. The 4th respondent,

Secretary of the Grama Panchayat is directed to

issue fresh orders as regards the validity/extension

of Ext.P4 permit, within a period of one month from

the date of receipt of a copy of this judgment,

after hearing the petitioner, as also, such other

affected parties. The petitioner will produce a copy

- 3 -

of this judgment before the 4th respondent.

This W.P.(C) is disposed of accordingly.

Sd/-

C.JAYACHANDRAN, JUDGE

ww

- 4 -

APPENDIX OF WP(C) 17866/2024

PETITIONER'S EXHIBITS:

EXHIBIT-P1 THE TRUE COPY OF THE TAX RECEIPT OF PROPERTY IN RE.SY.NO.168/4-1 ISSUED BY THE 2ND RESPONDENT DATED 14.4.2023.

EXHIBIT-P2 TRUE COPY OF THE POSSESSION CERTIFICATE NO.77462795 DATED 19.4.2023 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT-P3 THE TRUE COPY OF THE SITE-APPROVAL AND BUILDING PERMIT NO.SC2-BA (125648)/2023 DATED 31.3.2023 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT-P4 A TRUE COPY PERMISSION ORDER NO.SC2- 5628/23 DATED 24.4.2024 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT-P5 THE TRUE COPY OF THE STOP MEMO NO.SC2- 5628/2024 DATED 2.5.2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT-P6 A TRUE COPY OF THE RENEWAL APPLICATION DATED 10.5.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT-P7 THE TRUE COPY OF THE JUDGMENT DATED 1.2.2024 IN W.P.(C)NO.4077 OF 2024 OF THIS HONORABLE COURT.