More of less similar contentions are addressed in both the writ petitions, which challenge the stop memo issued by the Village Officer against the construction of two resorts, alleged by the State to be in violation of the clear terms of assignment.

2. W.P.(C) No.32145 of 2016 is filed by a person who is in possession of 00.24.28 hectares of land comprised in Survey No.1/1-4 of Block No.15 of Pallivasal Village, Devikulam Taluk, Idukki District. The land was originally assigned to one Manoharan as per Exhibit P2 Patta. The same was conveyed to the petitioner by the pattaadar in Exhibit P2 and the petitioner has been paying tax for the property, as is seen by Exhibit P1. The petitioner, with the intention of constructing a Resort in the said land, made an application before the Additional Tahsildar for certifying the actual situation with respect to the property, as is seen from the subject in Exhibit P3. The Additional Tahsildar, by Exhibit P3, certified that the property is in the possession of the petitioner, who has paid tax with respect to the said property which is not comprised of puramboke land, or belonging to the Scheduled Tribes, Forest land or the like. The certificate was for the purpose of production before the Pallivasal Panchayat.

3. Based on Exhibit P3, Exhibit P4 building permit is said to have been issued. The petitioner intended construction of a building with Ground plus 7 Floors, totalling an area of 4578.23 square metres. The application filed before the Panchayat was also transmitted to the Town Planner, Idukki, as is necessitated in the Kerala Panchayat Building Rules, 2011 [for brevity "KPBR, 2011"] for Group A2 constructions. The Town Planner, Idukki had issued Exhibit P5. Obviously on the basis of the directions of a Division Bench of this Court, an application for a No Objection Certificate [for brevity "NOC"] was filed by the petitioner before the Tahsildar, in which Exhibit P6 was passed. Exhibit P6 is a communication to the Sub Collector, Devikulam, stating that there could be a NOC issued with respect to the property for the purpose of construction of a building. On that basis, the petitioner is said to have resumed and continued the construction; upon which the petitioner was faced with Exhibit P8 stop memo issued by the Village Officer.

4. The petitioner in W.P.(C) No. 32143 of 2016 is in possession of an extent of 00.1943 hectares of land, comprised in the very same re-survey number and block of the very same Village, Taluk and District. The Patta issued is seen at Exhibit P2 and the petitioner had purchased the same from the pattaadar, as in the other case; after which tax was paid as is evidenced by Exhibit P1. Similar application, as in the other writ petition, was made by the petitioner before the Tahsildar, on which Exhibit P3 certificate was issued; based on which Exhibit P5 building permit was issued by the Panchayat. The petitioner herein too has similar contentions; when he was faced with Exhibit P6 stop memo, wherein the Re-survey is shown as No.1/1-6, which is an obvious mistake and the correct Re-survey number is 1/1-4.

5. The learned Counsel appearing for the petitioners would contend that there is nothing in the Kerala Government Land Assignment Act, 1960 [for brevity "Assignment Act"] and the Kerala Land Assignment Rules, 1964 [for brevity "Assignment Rules"] prohibiting such construction or the requirement of a NOC for carrying on such construction. It is contended that the insistence for a NOC was based on the order of a Division Bench, which is produced by the State as Annexure R2(a). A reading of the order, according to the learned Counsel, would indicate that the directions issued therein were only with respect to the fraudulent Pattas issued and the encroachment into Government and Forest lands made by various persons based on which it was directed that a NOC should be obtained from the Revenue Department for carrying on construction within the Munnar area. The vari