Chandy v. The Village Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 6TH DAY OF AUGUST 2015/15TH SRAVANA, 1937 WP(C).No. 21171 of 2015 (V) ---------------------------- PETITIONER(S):

-------------------------- CHANDY, S/O.KOSHY, AGED 64 YEARS, THONDALIL PUTHEN VEEDU, ADOOR. P.O., ADOOR VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.P.M.ZIRAJ.

RESPONDENT(S):

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

1. THE VILLAGE OFFICER, ADOOR VILLAGE, PATHANAMTHITTA DISTRICT-691 523.

2. THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT-691 523.

3. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, PATHANAMTHITTA DISTRICT-691 523.

4. THE REVENUE DIVISIONAL OFFICER, ADOOR, PATHANAMTHITTA DISTRICT-691 523.

BY GOVT. PLEADER SMT.C.K. SHERIN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 21171 of 2015 (V) APPENDIX PETITIONER'S EXHIBITS:- P1TRUE COPY OF THE RELEVANT PAGES OF THE BASIC TAX REGISTER OF ADOOR VILLAGE ISSUED BY THE FIRST RESPONDENT. P2TRUE COPY OF THE RELEVANT PAGES THANDAPER REGISTER OF ADOOR VILLAGE ISSUED BY THE FIRST RESPONDENT.

P3TRUE COPY OF THE POSSESSION CERTIFICATE REGARDING THE SAID PROPERTY OF PETITIONER.

P4TRUE COPY OF THE BUILDING PERMIT DATED 25.09.2013 ISSUED BY THE SECRETARY, ADOOR MUNICIPALITY.

P5TRUE COPY OF THE REPORT ALONG WITH MAHASSAR SUBMITTED BY THE FIRST RESPONDENT BEFORE THE SECOND RESPONDENT DATED 23.1.2015 OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT. P6TRUE COPY OF THE MINING PERMIT DATED 15.06.2015 ISSUED BY THE THIRD RESPONDENT TO MRS.VIVITHAKUMARI.

P7TRUE COPY OF STOP MEMO ISSUED BY THE FIRST RESPONDENT DATED 19.06.2015 TO THE PETITIONER.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.21171 of 2015 - V ====================== Dated this the 6th day of August, 2015

J U D G M E N T

The petitioner is aggrieved with Ext.P7 stop memo. The stop memo is only subject to the petitioner's appearance before the Revenue Divisional Officer, (R.D.O) and convincing him as to the activity carried on in the property not requiring any sanction under any of the enactments.

2. In such circumstance, Ext.P7 shall be considered as a show cause notice and the R.D.O shall consider the issue after getting a report from the Village Officer. The petitioner shall appear before the office of the R.D.O on 12.08.2015 at 11 a.m and the office shall intimate a date of hearing, within two weeks from the date of receipt of the certified copy of

W.P.(C) No.21171 of 2015 - V this judgment and the matter shall be disposed of within one week from the date of hearing.

The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.