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2005 Supreme(Ker) 376

V.RAMKUMAR, K.PADMANABHAN NAIR
Devadasan. S. – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Padmanabhan Nair, J.

The main prayer in this writ petition is for a writ of mandamus directing respondents 3 and 4 to afford protection to the life and property of the petitioner as well as for construction of the compound wall of the petitioner's property.

2. The petitioner is the owner of a property comprised in Sy.No.404/4 of Maranallur Village. As early as in the year 1982, the second respondent-Panchayat passed a resolution to acquire a portion of the property of the petitioner for constructing a road. The Director of Panchayats directed the second respondent Panchayat to drop the proposed acquisition under Ext. P-1. It is averred that in order to wreck vengeance, the second respondent is attempting to take possession of a portion of the property belonging to the petitioner without resorting to the provisions of the Land Acquisition Act. The petitioner had filed a suit and obtained a decree against the Panchayat. It is averred that at the instance of the Panchayat, the compound wall of the petitioner's property was demolished one week prior to the filing of the writ petition. It is also averred that the petitioner filed O.P.No.6023 of 2003 before this Court and the




































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