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Kerala High Court Conditionally Stays Stop Memo Against Judicial Officers' Apartment Complex
Lydia Suzanne Thomas
8 May 2021 7:36 AM GMT
The Kerala High Court on Friday issued a conditional stay of the stop memo issued by the Kochi Corporation to the Kerala Judicial Officers' Cooperative Society suspending the construction of a 15-storey apartment complex at Chalikkavattom. The stop memo was issued after a complaint alleged that part of the building, 3.27 acres, was being constructed on nilam property. Admitting...
The Kerala High Court on Friday issued a conditional stay of the stop memo issued by the Kochi Corporation to the Kerala Judicial Officers' Cooperative Society suspending the construction of a 15-storey apartment complex at Chalikkavattom.
The stop memo was issued after a complaint alleged that part of the building, 3.27 acres, was being constructed on nilam property.
Admitting the petition, Justice N Nagaresh, ordered a stay on the stop memo on the condition that construction did not continue on the area earmarked as nilam (wet land).
The stop memo was issued by the Corporation on Salish's complaint. It was alleged that the building permit for the apartment complex was obtained from Kochi corporation after manipulating the land documents which showed that the land was a dry land.
In Court, Standing Counsel for Kochi Corporation Advocate Janardhana Shenoy stated that a portion of the land was marked as 'nilam' in revenue records, according to a report by a village officer. However, the possession certificate produced before the corporation narrated that the land in question was 'purayidam' (residential plot). Senior Advocate P Viswanathan for the Cooperative Society averred that the construction was not progressing on land marked as nilam, counsel for the Corporation asserted that construction is progressing on land marked as 'nilam'.
In its petition, the Society argued that the stop memo was illegal and issued without adhering to the basic principles of natural justice, and sought a quash on the same.
The petitioner, the Kerala Judicial Officers' Co-operative Society, states its aim as promoting mutual self-help among its members, who are judicial officers in the State of Kerala, and aid in acquiring land and constructing apartments and houses for them.
In pursuance of this, the petitioner society purchased property having extent of 33.90 acres for the purpose of constructing a residential apartment for its members, obtaining a building permit for the same. Constructions were also carried out in consonance with it.
The Cochin Corporation thereafter issued a stop memo, directing the petitioner society to stall the construction activities carried out in their property on the ground that the property forms part of nilam ground. In the petition, the petitioner society avers that the property was not Nilam ground and that the stop memo was issue "without ascertaining actual state of affairs".
"Being aggrieved by the issuance of … stop memo by the 2 respondent (Secretary, Cochin Corporation), this writ petition is necessitated," the plea reads.
CASE: Kerala Judicial Officers Cooperative Society v. Corporation of Cochin and Anr.
COUNSEL: M/s.P. Viswanathan Associates for petitioner - Senior Advocate P Viswanathan, Advocates Shibu Josepn, Ajith Viswanathan, Sayed Mansoor, Bafakhy Thangal, V.C.Xavier and Jeffin John
Click here to download the order
