HC stays stop memo against judicial officers’ flat complex

KOCHI: The Kerala High Court on Friday stayed the stop memo issued by the Kochi corporation against the Kerala Judicial Officers Cooperative Society constructing a 16-storey apartment complex at Chalikkavattom on the condition the petitioners do not carry out any construction on the 3.27 ares of land in the property described as ‘nilam’ (field).

The Kochi corporation informed the HC that a portion of the land was marked as ‘nilam’ in revenue records, according to the village officer’s report. But the possession certificate produced before the corporation stated the land in question comes under ‘purayidam’ (residential plot). The counsel clarified that construction is progressing on land marked as ‘nilam.

Justice N Nagaresh issued the order on a petition filed by the Society seeking to quash the memo. The petition said the society purchased 33.90 ares of land in Edappally south village along with a portion of an old dilapidated building to construct a residential apartment for its members. The society purchased that property after being convinced about the title over the property as well as the nature of the land, the petition said. “The property has been lying as a ‘purayidam’ for the past so many years.

Travancore Builders Private Ltd undertook the construction work of the multi-storied residential apartment complex having 16 floors and such other works. Later the construction company applied to the Kochi corporation for obtaining the building permit along with requisite documents and obtained the permit. The construction work commenced in March 2019 and is on the verge of completion. The society has spent J49.1 crore so far on the project,” the society said in the petition.

The corporation issued the stop memo to stall construction activities citing a portion of the property comes under the category of ‘nilam’. The petitioner argued that the corporation issued the memo illegally, without adhering to the basic principles of natural justice, and hence, it was liable to be quashed. The corporation ought to allow the petitioner to show cause as to why a stop memo shall not be issued against it since the corporation was initially convinced with the documents at the time of issuing a building permit, the society said.