1. Petitioner has approached this Court challenging Ext.P4 stop memo issued by the third respondent. According to the petitioner, he got a valid permit for construction of a building. There was some dispute with the neighbour with reference to the land filling his property. Ext.P4 is issued on 29.5.2014 directing the petitioner to stop development works in the plot as well as disposal of waste water from the property of the petitioner. Pursuant to Ext.P4, the 4th respondent has approached him and asked him to stop the construction of his building as well.
2. Learned Government Pleader would submit that Ext.P4 was issued on the basis of a direction issued by the second respondent. The matter is posted before the second respondent W.P.(C)No.14242 of 2014 -:2:-
for enquiry on 17.6.2014. Under such circumstances, no doubt, the second respondent will have to consider the entire issue and pass appropriate orders. Until such time, though the petitioner has to comply with the directions in Ext.P4, he cannot be restrained from making further construction in respect of the building in question.
3. Perusal of Ext.P4 clearly indicates that the instruction issued by the third respondent is only for restraining the petitioner from land filling the property in question and disposal of waste water. Apparently, Ext.P4 will in no way indicate that the petitioner should stop construction.
4. In the circumstances, I am of the view that this writ petition can be disposed of without notice to the fifth respondent.
Hence, this writ petition is disposed of permitting the petitioner to proceed with the construction. It is W.P.(C)No.14242 of 2014 -:3:-
made clear that he shall comply with Ext.P4 stop memo by not proceeding to increase the level of the property by land filling and from discharging waste water to the property of the fifth respondent.
A.M.Shaffique, Judge.
sl.