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1990 Supreme(Ker) 120

KRISHNAMOORTHY
Pankajakshy – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. Out of the 3 Original Petitions, only O.P.No.2984/88 survives for decision on merits and accordingly I am dealing with that as the main case.

2. Petitioner purchased a land in R.S.38/1 of Kodiyeri Village in 1978. When the purchase was made it was a paddy land. She reclaimed the land and started construction of a residential house. To the west of this property is situate an item of property owned by petitioner's husband in which he has constructed and is running a theatre called 'Pankaj Talkies'. Sree Jagannath Temple, which was established by Sree Narayana Guru in 1906, is situate a kilometre away from the petitioner's property. The above temple is managed by 4th respondent Yogam. The 5th respondent is the President of the Yogam. The petitioner alleges that the 5th respondent is the owner of a theatre situate nearby and that there is business rivalry between him and petitioner's husband as the establishment of Pankaj Theatre affected his cinema business. The 5th respondent started harassing the petitioner and her husband ever since the establishment of Pankaj Theatre by adopting various means. He persuaded the authorities to initiate proceedings under the Land Utilis



































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