Kerala High Court
Riyaz vs Versus The District Collector on 11 September, 2025
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 11TH DAY OF SEPTEMBER 2025 / 20TH BHADRA, 1947
WP(C) NO. 28841 OF 2025
PETITIONERS:
1 RIYAZ V S
AGED 39 YEARS, S/O SAYED MUHAMMED, VADAKKAN(H),
PALLIPRAM, MUDICKAL PO, PERUBAVOOR., PIN - 683547
2 SAFEER ALI
AGED 35 YEARS, S/O MAIDHEEN, EDAYATHALI(H), PALLIPRAM,
MUDIKAL PO, PERUMBAVOOR., PIN - 683547
3 SABITH SALAM
AGED 38 YEARS, S/O ABDUL SALAM, PADINJAREPARAMBIL(H),
THAZHATHANGADI PO, KOTTAYAM., PIN - 686005
BY ADV SRI.P.M.SANEER
RESPONDENTS:
1 THE DISTRICT COLLECTOR
ERNAKULUM DISTRICT, CIVIL STATION, KAKKANADU.,
PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER
MINI CIVILSTATION MUDAVOOR , MUVATTUPUZHA.,
PIN - 686669
3 THE TAHASILDAR
KUNNATHUNADU TALUK , TALUK OFFICE PERUMBAVOOR.,
PIN - 683542
4 THE TALUK SURVEYOR
KUNNATHUNADU TALUK , TALUK OFFICE PERUMBAVOOR.,
PIN - 683542
5 THE VILLAGE OFFICER
ASHAMANNOOR VILLAGE, ODAKKALI, ERNAKULAM DISTRICT.,
PIN - 683549
BY SMT.PREETHA K K, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28841 OF 2025 2
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JUDGMENT
Dated this the 11th day of September, 2025
The writ petition is filed to quash Ext.P12 stop
memo and direct the 5th respondent to permit the
petitioners to continue the construction activities in the
property as per Ext.P4 building permit.
2. The petitioners are the owners in
possession of the properties covered under Exts.P1 and P2
land receipts and Ext.P3 possession certificate, and
situated within the territorial limits of the Ashamannoor
Village. The petitioners purchased the property to
construct a plywood factory. They have received Ext.P4
building permit from the Panchayat and Ext.P5 consent
from the Kerala State Pollution Control Board. However,
on frivolous complaints filed by persons who were on
inimical terms with the petitioners, the 5 th respondent has
issued Ext.P12 stop memo directing the petitioners to stop
the construction of the building. Ext.P12 is illegal and
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arbitrary. The petitioners have submitted Ext.P13 reply to
Ext.P12 stop memo. However, the same has not been
considered till date. Hence, the writ petition.
3. Heard learned counsel for the petitioners
and the learned Senior Government Pleader.
On a consideration of the facts and materials on
record, especially that the petitioners have already
submitted Ext.P13 reply to Ext.P12 stop memo, without
expressing anything on the merits of the matter, I dispose
of the writ petition by directing the 5 th respondent to
finalise the proceedings pursuant to Ext.P12 stop memo, in
accordance with law and as expeditiously as possible, at
any rate, within three weeks from the date of production of
a copy of this judgment, after considering Ext.P13 reply,
and affording the petitioners an opportunity of being
heard.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS
JUDGE
NAB
2025:KER:67442
APPENDIX OF WP(C) 28841/2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF LAND TAX RECEIPT NO.
KL07051702491/2025 ISSUED BY THE
ASAMANNOOR VILLAGE OFFICER DATED
09/04/2025.
EXHIBIT P2 A TRUE COPY OF LAND TAX RECEIPT NO.
KL07051702492/2025 ISSUED BY THE
ASAMANNOOR VILLAGE OFFICER DATED
09/04/2025.
EXHIBIT P3 A TRUE COPY OF THE POSSESSION CERTIFICATE
NO. 85267022 DATED 17/05/2024 ISSUED BY
THE ASHAMANNOOR VILLAGE OFFICER.
EXHIBIT P4 A TRUE COPY OF THE BUILDING PERMIT NO.
SC2-BA(12689)/2024 ISSUED BY THE
ASAMANNOOR GRAMA PANCHAYAT DATED
11/01/2024.
EXHIBIT P5 A TRUE COPY OF THE CONSENT TO ESTABLISH
NO. KSPCB/ER2/ICE/10071619/VAR/2024 DATED
19/07/2024 ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD .
EXHIBIT P6 A TRUE COPY OF THE CERTIFICATE NO. F3-
708/24 DATED 16/03/2024 ISSUED BY THE
TAHSILDAR, KUNNATHUNAD TALUK
EXHIBIT P7 A TRUE COPY OF THE STOP MEMO NO. JC3-
886/25 DATED 29/03/2025 ISSUED BY THE
ASHAMANNOOR GRAMAPANCHAYAT.
EXHIBIT P8 A TRUE COPY OF THE ORDER OF THE TRIBUNAL
FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN
IA NO. 1/2025 IN APPEAL NO. 146/2025 DATED
03/04/2025.
EXHIBIT P9 A TRUE COPY OF THE SURVEY SKETCH AND
REPORT OF THE TALUK SURVEYOR.
EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION NO. 16/25
ISSUED BY THE 5TH RESPONDENT DATED
10/03/2025 .
EXHIBIT P11 A TRUE COPY OF THE REPLY, WITHOUT
ANNEXURES, SUBMITTED BY THE PETITIONERS.
EXHIBIT P12 A TRUE COPY OF THE STOP MEMO NO. 3/2025
DATED 29/03/2025 ISSUED BY THE 5TH
RESPONDENT.
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EXHIBIT P13 A TRUE COPY OF THE REPLY SUBMITTED BY THE
PETITIONERS THROUGH THEIR COUNSEL DATED
23/5/2025 WITHOUT ANNEXURES.
EXHIBIT P14 A TRUE COPY OF THE COMMUNICATION NO.
F31508/25 DATED 24/04/2025 ISSUED BY THE
TALUK SURVEYOR, KUNNATHUNAD TALUK.
