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2026 Supreme(Online)(Ker) 5640

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
SHALESH.C.S – Appellant
Versus
THE PALLIPPURAM GRAMA PANCHAYAT – Respondent
WP(C) NO. 392 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.M.SHAJU PURUSHOTHAMAN, SRI.K.S.RAJESH
For the Respondents: SRI.ATHUL SHAJI, SHRI.BIJU.P.N., SHRI.ANWIN JOHN ANTONY, SMT.ARSHA DHARMAPALAN

The court emphasizes the authority of local Panchayats to implement stop memos concerning unauthorized constructions pending any legal stay orders.

Headnote:The writ petition seeks the enforcement of a stop memo issued regarding unauthorized constructions. The court acknowledges that the stop memo has not been contested and directs the Panchayat to implement it if no contrary orders exist. The petition is disposed of instructing compliance with the directions of the stop memo.

Result: This writ petition is disposed of as above.

Table of Content
1. writ petition for enforcing stop memo on unauthorized constructions. (Para 1)
2. arguments on the existing legal status and final orders by officials. (Para 2 , 3)
3. court's observation on the enforcement of final orders. (Para 4)
4. final conclusion directing compliance with court orders. (Para 5)

JUDGMENT

The petitioners have filed the captioned writ petition, pointing out certain unauthorised constructions carried out by respondents 3 and 4, on account of which, a stop memo at Ext.P2 was issued by the Panchayat. It is seeking to implement the stop memo issued as above, that this writ petition has been presented.

2. Heard Sri. Shaju Purushothaman, learned counsel for the petitioners, Sri. Athul Shaji, learned counsel for the 1st respondent and Sri.Biju P.N, learned counsel for respondents 3 and 4.

3. The learned counsel for respondents 3 and 4 would submit that during the pendency of this writ petition, the Panchayat had issued final orders pursuant to the stop memo at Ext.P2 also taking into consideration the objections filed by respondents 3 and 4. He would further state that the order issued as above has been challenged by the said respondents in accordance with law.

4. As on date, this Court notices that the stop memo at Ext.P2 has not been interdicted. Even according to respondents 3 and 4, the final order has also been issued. In such circumstances, if respondents 3 and 4 have not obtained any orders interdicting proceedings on the basis of Ext.P2 or the final order stated to have been issued, it is for the Panchayat to implement the directions in Ext.P2 or the final order issued.

5. In such circumstances, this writ petition would stand disposed of, directing respondents 1 and 2 to implement Ext.P2 or the final order issued, if respondents 3 and 4 have not obtained any orders staying the operation of the stop memo/ final order.

This writ petition is disposed of as above.

Sd/-

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