Althaf Y.S. v. The Senior Geologist

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937 WP(C).No. 18224 of 2015 (C) ------------------------------------------ PETITIONER(S) :

------------------------- ALTHAF Y.S, AGED 24 YEARS, S/O.YOUSUF, CHAKKALA PURAYIDOM, KATTOOR MURI, CHERUKOL VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENT(S) :

----------------------------

1. THE SENIOR GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, ARANMULA, PATHANAMTHITTA DISTRICT- 689 545.

2. THE TAHSILDAR, TALUK OFFICE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT- 689 545.

3. THE VILLAGE OFFICER, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT- 689 545.

4. THE PATHANAMTHITTA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PATHANAMTHITTA- 689 545.

5. THE SECRETARY, PATHANAMTHITTA MUNICIPALITY, PATHANAMTHITTA- 689 545.

6. HAFEESA, W/O.SHAJI, KAVUMPATTU HOUSE, PERINGAMALA, PATHANAMTHITTA- 689 545.

7. SHEEJA P.S, W/O. IRSHAD MUHAMMED, FATHIMA MANZIL, PERINGAMALA, PATHANAMTHITTA- 689 545. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.BIJU MEENATTOOR R4 & R5 BY ADV. SRI.V.K.SUNIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 18224 of 2015 (C) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE PLAN OF THE PROPOSED CONSTRUCTION. EXHIBIT-P2:

TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 5TH RESPONDENT.

EXHIBIT-P3:

TRUE COPY OF THE ORDER NO.412/14-15/1511/DOPTA/M/14 OF THE FIRST RESPONDENT.

EXHIBIT-P4:

TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.34550/2014 OF THIS HON'BLE COURT.

EXHIBIT-P5:

TRUE COPY OF THE NOTICE DATED 20/02/2015 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT-P6:

TRUE COPY OF THE STOP MEMO DATED 21/02/2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT-P7:

TRUE COPY OF THE STOP MEMO DATED 24/04/2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT-P8:

TRUE COPY OF THE G.O(P) 93/2014/ID DATED 30/06/2014. EXHIBIT-P9:

TRUE COPY OF THE OBJECTION DATED 29/05/2015 SUBMITTED BY THE PETITIONER'S FATHER BEFORE THE 5TH RESPONDENT. EXHIBIT-P10: TRUE COPY OF THE OBJECTION PREFERRED BEFORE THE 2ND RESPONDENT DATED 05/05/2015 BY THE PETITIONER. EXHIBIT-P11: TRUE COPY OF THE OBJECTION DATED 05/05/2015 PREFERRED BEFORE THE 3RD RESPONDENT BY THE PETITIONER.

EXHIBIT-P12: TRUE COPY OF THE REPRESENTATION DATED 31/03/2015 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 18224 of 2015 (C) ------------------------------------------ Dated this the 18th day of June, 2015

J U D G M E N T

The petitioner is concerned with stop memos issued at Exts.P5, P6 and P7 issued by the Municipal Secretary, Village Officer and the Tahsildar respectively against the very same property. The petitioner has filed objections to all the said authorities and Ext.P12 representation is filed before the Senior Geologist, the 1st respondent herein. The petitioner's only prayer is for consideration of the objections before any action is taken.

2.

The petitioner shall appear before each of the respondents and the petitioner shall be heard and orders passed within one month. The petitioner shall not carry on any construction and comply with the stop memo till such orders are passed.

Sd/- K.VINOD CHANDRAN, JUDGE jjj