Teesha
Kerala High court issued a conditional stay of the Stop Memo issued by the Kochi Corporation to the Kerala Judicial Officers’ Cooperative Society.
The stop memo restrained the construction of a 15-storey apartment complex at chalikkavattom.
The Stop Memo was issued after a complaint by Sailash that alleged part of building 3.27 was being constructed on Nilam land.
The complaint alleged that construction permit obtained by Kerala Judicial Officers’ Cooperative Society was through manipulation of land documents, which deems it dry instead of wet.
The order came on a writ petition filed by the Society challenging the stop memo.
The petition contended the stop memo was illegal and issued without adhering to the basic principles of natural justice, and sought a quash of the same.
Further, the petitioner society avers that “The property was not Nilam ground and that the stop memo was issue “without ascertaining the actual state of affairs”. “Being aggrieved by the issuance of the stop memo by the 2 respondent (Secretary, Cochin Corporation), this writ petition is necessitated.”
It was contended by Senior Advocate P Viswanathan for the Cooperative Society that the construction was not progressing on land marked as Nilam however counsel for the Corporation asserted that construction is progressing on land marked as ‘Nilam’.
The petitioners stated its aim was to inculcate mutual self-help for the members of the Judicial officer’s cooperative society by providing them aid in constructing houses and apartments. And for this, it acquired the land extent of 33.90 acres.
Travancore Builders Private Limited, which undertook the construction of the multi-storey residential apartment complex commenced the work in March 2019 on obtaining the building permit.
The work was on the verge of completion when the corporation issued a stop memo to the Society.
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.