A Single Judge Bench of the Kerala High Court, comprising of Justice N. Nagaresh, has, in the case of Kerala Judicial Officers Co-operative society Ltd. v. Corporation of Kochi & Ors., passed an interim order against 'Stop Memo' issued by Corporation of Kochi against the Petitioner Society, on the condition that the petitioner refrains from carrying out any construction activity in property in dispute which was named as Nilam Ground.
Background of the Case
In this case, the Petitioner society aimed at promoting mutual self-help among its members (judicial officers in Kerala) and assisting them in acquiring land and constructing apartments and houses for them.
The petitioner society acquired a property having an extent of 33.90 acres for the purpose of constructing an apartment for its members. All the pre-requited permissions were obtained. Constructions were also carried out in said acquired area.
The Corporation of Kochi issued a ‘Stop Memo’ by arguing that the Petitioners Society acquired more area than allotted by manipulating the documents. The Petitioner society acquired some part of Nilan Ground which was a wetland.
Being aggrieved by the Stop Memo, the Petitioner Society approached the Court and filed the present petition.
Reasoning and Decision of the Court
The Court took notice for Respondents I and 2 and held that
“There will be an interim order as prayed for on condition that the petitioner does not carry out any construction activity in the 3.27 acres of property described as nilam.”
The Court listed the matter on 20.05.2021 for the next hearing.
Case Details
Case: WPC) No.10993/2021
Petitioner: THE KERALA JUDICIAL OFFICERS CO-OPERATIVE SOCIETY
Respondent: CORPORATION OF KOCHI & ORS.
Judge: JUSTICE N.NAGARESH
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