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2026 Supreme(Online)(Ker) 12564

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
LAILA ISMAIL – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent


Advocates:
For the Appellants/Petitioners: SRI.S.SHANAVAS KHAN, SMT.S.INDU, SMT.KALA G.NAMBIAR
For the Respondents: SRI.SEBASTIAN JOSEPH, SRI.N.B.SUNIL NATH

J U D G M E N T

The petitioner required to construct a commercial building in a property owned by her, extending to 22.66 Ares, in Re.Survey Nos.224/2-2 and 224/2-3 of Vazhappally West Village. It is not in dispute that a building permit was also issued by the local authority. However, when the petitioner started to construct the building, stop memos at Exts.P3 and P4 were issued by the Village Officer, the 3rd respondent herein, essentially stating that in the settlement register the property was described as “Nilam”, on account of which the entry in the Basic Tax Register (BTR) may be a mistake. Therefore, the stop memos were issued, interdicting the petitioner from carrying out the further constructions in the property till such time a clarification is obtained in the matter. Later, an application filed by the petitioner for levelling the property was also rejected by the Tahsildar (Land Records) as evidenced by Ext.P8 order dated 15.03.2023. A reading of this order would also show that originally in the BTR, the property was described as “Purayidam”, however, the said entry requires correction in view of the entries in the settlement register. The petitioner has filed the capti

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