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1995 Supreme(Ker) 234

K.G.BALAKRISHNAN
Thankappan – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

The third respondent is in possession of some paddy field in Sy. No. 232/11 of Tripperunthara village. He submitted an application before the Sub-Divisional Magistrate, Chengannur alleging that in the property situated on the eastern side of this property there are various trees and the branches of these trees cast shadow to the petitioner's property and the petitioner is unable to do paddy cultivation in his property. The third respondent filed an application under Sec. 8 of the Travancore Cochin Public Safety Measures Act. The Sub Divisional Magistrate caused an enquiry through the Village Officer and obtained the report, and he also personally inspected the property. He passed Ext. P4 order directing the petitioner herein to cut and remove the branches of the trees which are casting shadow on the property of the third respondent. Aggrieved by this order the petitioner filed an appeal before the Government of Kerala under Section 21 of the Act. The Government initially stayed Ext. P4 order but ultimately dismissed the appeal. The present O.P. is directed against that order.

2. I heard the petitioner's counsel and the counsel for the third respondent. The petitioner's













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