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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
LAILA ISMAIL – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to challenge stop memos due to land classification. (Para 1) |
| 2. arguments presented by parties on the legality of stop memos. (Para 2) |
| 3. court's conclusion to revoke stop memos and direct reconsideration. (Para 4 , 5) |
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
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