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2026 Supreme(Online)(Ker) 13071

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
T.M.BEENA – Appellant
Versus
DEPUTY COLLECTOR ALAPPUZHA – Respondent
WP(C) NO. 5372 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.JOBY CYRIAC, SMT. GREESHMA C. THOMAS, SMT.AMRITA P.
For the Respondents: SMT.DEEPA V, GP

The issuance of administrative orders must comply with judicial directives to ensure lawfulness and avoid arbitrariness.

Headnote:This court examined a writ petition to quash a stop memo issued by the Village Officer without compliance with a prior judgment. The petitioner sought mandates to follow prior directions, indicating the necessity for due process in administrative orders. The court found the issuance of the stop memo arbitrary as it failed to adhere to a judicial directive. The court set aside the stop memo, instructing adherence to existing court directions.

Table of Content
1. petitioner's grievances regarding an issued stop memo. (Para 1 , 2)
2. court's inquiry into compliance with prior judgments. (Para 3)
3. outcome set to address the issues as stated. (Para 5)

JUDGMENT

The above writ petition is filed with the following prayers:

“i) Issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P7 stop memo No.10/2025 dated

31.01.2026 issued by the 4th respondent;

ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 4th respondent to comply with Exhibit P7 judgment of this Hon’ble Court in W.P.(C) No.10583 of 2025 and to finalise the proceedings pursuant to Exhibit P4 stop memo, after considering Exhibit P5 objection submitted by the petitioner and after affording the petitioner an opportunity of being heard, within a time frame to be fixed by this Hon’ble Court;

iii) Declare that the issuance of Exhibit P7 stop memo, without complying with Exhibit P6 judgment of this Hon’ble Court, is illegal, arbitrary and without jurisdiction;

iv) Pass an order dispensing with the translation of vernacular documents produced along with the Memorandum of Writ Petition and accept the same;

v) Grant such other writ, order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, and award costs of this Writ Petition to the petitioner.” (SIC)

2. The main grievance of the petitioner is that without passing orders as directed in Ext.P6 judgment, a Stop Memo is issued by the Village Officer as evident by Ext.P7. Aggrieved by the same, this writ petition is filed.

3. Heard, the learned counsel appearing for the petitioner and the learned Government Pleader. 4. When this writ petition came up for consideration, this Court directed the Government Pleader to get instruction as to whether any consequential order is passed after Ext.P6 judgment and before issuing Ext.P7 Stop Memo. The Government Pleader submitted that a hearing notice is issued based on Ext.P6 judgment and the property is not included in the Data Bank.

5. If that be the case, I am of the considered opinion that Ext.P7 Stop Memo can be set aside, and if any action is to be taken, the competent authority can do the needful after the directions in Ext.P6 judgment are complied with.

Therefore, this Writ Petition is disposed of with the following directions:

1. Exhibit P7 Stop Memo is set aside.

2. The competent authority will do the needful to comply the directions in Ext.P6 judgment.

Sd/-

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