M/S. Melmont Constructions Pvt. Ltd vs The State Of Kerala
2025 Latest Caselaw 6807 Ker

Kerala High Court

M/S. Melmont Constructions Pvt. Ltd vs The State Of Kerala on 17 June, 2025

                                                      2025:KER:42822

W.P.(C). No.40021 of 2022          :1:


                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
    TUESDAY, THE 17TH DAY OF JUNE 2025 / 27TH JYAISHTA, 1947
                            WP(C) NO. 40021 OF 2022
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.


              BY ADVS. SRI.JOLLY JOHN
              SMT.LIZA MEGHAN CYRIAC
              SMT.IRENE BABU
              SHRI.HARIKRISHNA S.
              SMT.MEHNAZ P. MOHAMMED
              SHRI.RUBIN SHIBU


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.
                                                                2025:KER:42822

W.P.(C). No.40021 of 2022             :2:


      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.


              BY ADV SRI.S.JAMAL

OTHER PRESENT:

              GP- NIMA JACOB


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   17.06.2025,        THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                    2025:KER:42822

W.P.(C). No.40021 of 2022      :3:


                           VIJU ABRAHAM, J.
         --     -- -- -- -- -- -- -- -- -- -- -- --
                       W.P.(C) No.40021 of 2022
         --     -- -- -- -- -- -- -- -- -- -- -- --
                   Dated this the 17th day of June, 2025

                             JUDGMENT

The petitioners have approached this Court challenging

Ext.P11 stop memo issued by the 6th respondent.

2. A perusal of Ext.P11 would reveal that the stop memo has

been issued on two grounds; there is unauthorised conversion of

paddy land and further that the same has been done encroaching

upon the puramboke land.

3. The learned Senior Counsel appearing for the petitioners

would submit that as regards the property covered by Ext.P11 stop

memo, Form -5 applications were filed, which were allowed as per

Exts.P27, P28 and P29 orders. Further, as regards the allegation

regarding encroachment on the Government puramboke, an

enquiry was conducted and a report has been filed by the learned

Government Pleader along with a memo dated 24.05.2023, wherein

it is stated that the Taluk Surveyor was asked to look into the

matter and commence survey to demarcate the alleged puramboke 2025:KER:42822

land and a report has been submitted by the Taluk Surveyor

reporting that there is no encroachment found upon the

puramboke land, on the basis of the survey sketch.

In view of the above, the reasons for the issuance of Ext.P11

stop memo is unsustainable. Accordingly the writ petition is

allowed by setting aside Ext.P11 stop memo.

Sd/-

VIJU ABRAHAM JUDGE sm/ 2025:KER:42822

APPENDIX OF WP(C) 40021/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPIES OF THE TAX RECEIPTS DATED 21.04.2022 AND 22.04.2022.

Exhibit P1 A TRUE COPIES OF THE TAX RECEIPTS DATED 21.04.2022 AR D 22.04.2022.

Exhibit P2 TRUE COPY OF THE NOC DATED 23.08.2006 ISSUED BY THE 5TH RESPONDENT (THEN PANCHAYAT).

Exhibit P3 TRUE COPY OF THE CERTIFICATE NO. A4- 2445/2008 DATED 22.8.2008 BY THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C). NO.

9156/2010 DATED 18.03.2010.

Exhibit P5 TRUE COPY OF THE LETTER NO. L5-60852/08 DATED 18.06.2011 ISSUED BY THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE FORM A APPLICATION DATED 04.02.2021 SUBMITTED TO THE 8TH RESPONDENT BY THE PETITIONER. 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 P7 A TRUE COPY OF THE BUILDING PERMIT NO.BA-

57/18-19 DATED 14-12-2021 ISSUED BY THE 5TH RESPONDENT MUNICIPALITY TO THE PETITIONER.

Exhibit P8 TRUE COPY OF THE REQUEST LETTER SUBMITTED BY THE PETITIONERS DATED 03.06.2021 TO THE 8TH RESPONDENT.

Exhibit P8 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF EXT. P8 LETTER, DATED 09.06.2021 ISSUED BY THE REVENUE DEPARTMENT.

2025:KER:42822

Exhibit P9 A TRUE COPY OF THE REPORT OF THE 6TH RESPONDENT BEARING NO. 452/2021 DATED 18.08.2021, OBTAINED VIA THE RIGHT TO INFORMATION ACT, 2005.

Exhibit P10 TRUE COPY OF REMINDER LETTER DATED 13.07.2022 PREFERRED TO THE 8TH RESPONDENT BY THE PETITIONERS. Exhibit P10 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF EXT.P10 DATED 13.07.2022, ISSUED BY THE REVENUE DEPARTMENT.

Exhibit P11 A TRUE COPY OF THE STOP MEMO BEARING NO.

12/22 DATED 03.12.2022 ISSUED BY THE 6TH RESPONDENT.

Exhibit P12 A TRUE COPY OF THE REPORT OF THE TALUK SURVEYOR DATED 15TH SEPTEMBER, 2023, OBTAINED BY THE PETITIONER UNDER THE R.T.I ACT.

Exhibit P13 A TRUE COPY OF THE REPORT OF THE TALUK SURVEYOR DATED 30TH SEPTEMBER, 2023 OBTAINED BY THE PETITIONER UNDER THE RTI ACT Exhibit P14 True copy of NOC from Airport Authority of India dated 10.07.2009 Exhibit P15 True copy of the NOC issued by the Southern Naval Command dated 02.04.2008 Exhibit P16 The True copy of the System Generated Auto Assessment for Height Clearance issued by Airports Authority of India to M/s. Purva Realities Pvt. Ltd. And M/s. Melmont Construction Pvt. Ltd. for NOCID CIAL dated 30/10/2017 Exhibit P17 The true copy of the Fire Safety Clearance for Site dated 01/11/2018 issued by the Department of Fire and Rescue Services, Government of Kerala to M/s. Purva Realities Pvt. Ltd. and M/s. Melmont Construction Pvt. Ltd.

2025:KER:42822

Exhibit P18 The true copy of the Consent to Establish issued by Kerala State Pollution Control Board with File No. O18ERR876361 dated 01/01/2019 Exhibit P19 The True copy of Certificate of Registration of Real Estate Project issued by Kerala Real Estate Regulatory Authority dated 15/02/2022.

Exhibit P20 The Petitioners replied to the RS-(d) notice dated 13/02/2024 vide reply dated 17/02/2024. True copy of the reply of the Petitioner to the notice of the 5th Respondent to the RS-( d) notice. Exhibit P21 True copy of the written submission and assurances submitted by the Petitioners before the Secretary of the 5th Respondent Municipality during their personal hearing on 2nd March 2024. Exhibit P23 A true copy of the reply dated 13/5/2024 issued by the Petitioner to the Secretary, 5th Respondent Municipality to the notice 08/05/2024.

Exhibit P24 The true copy of the Stop memo dated 24/05/2024 issued by the 2nd Respondent to the Petitioners.

Exhibit P25 The True copy of the Appeal filed by the Petitioner without documents annexed before the Tribunal for Local Self Government.

Exhibit P26 True copy of the order of tribunal for local selfgovernment in AA number 804/2024, in appeal number 285/2024. Exhibit P22 True copy of the notice dated 08/05/2024 issued by the Secretary, 5th Respondent Municipality to the Petitioner. Exhibit P-27 A TRUE COPY OF THE SAID ORDER PASSED BY THE COLLECTOR, KANAYANNORE TALUK, IN APPLICATION NUMBER 24/2023/15958 OF FILE NO.967/2025 DATED 10/04/2025 2025:KER:42822

Exhibit P-28 A TRUE COPY OF THE SAID ORDER PASSED BY THE COLLECTOR, KANAYANNORE TALUK, IN APPLICATION NUMBER 24/2023/15958, OF FILE NUMBER 970/2025 DATED 11/04/2025 Exhibit P-29 A TRUE COPY OF THE SAID ORDER PASSED BY THE, COLLECTOR, KANAYANNORE TALUK, IN APPLICATION NUMBER 1/2023/15958, OF FILE NUMBER 974/2025 DATED 11/04/2025. RESPONDENT ANNEXURES

Annexure R5(a) A true copy of the representation of the Ward Councilor and the mass petition preferred by the residents of B M Nagar Annexure R5(b) A true copy of the representation of the Ward Councilor and the mass petition preferred by the residents of B M Nagar Annexure R5(c) True copy of the lay out approval order of the Seniour No.TCPEKM/509/2021-D.D Town Planner dated 26.11.21 Annexure R5(d) True copy of the inspection Report, Notice No.B.A-57/18-19 dated 13/2/2024 Annexure R5(e) True copy of the reply letter dated 2/3/2024 of the petitioners Annexure R5(f) A true copy of the notice No. B.A 57/18- 19 dated 8/5/2024 Annexure R5(g) A true copy of the notice No. B.A 57/18- 19 dated 17/5/2024 Annexure R5(h) True copy of the stop memo dated 24/5/2024