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2013 Supreme(Ker) 400

K.M.JOSEPH, K.HARILAL
K. R. Ratheesh – Appellant
Versus
State of Kerala – Respondent


Advocate Appeared:
For the Petitioners:P.K. Ibrahim, Smt. K.P. Ambika, Advocates.
For the Respondent:R1 to R3, Spl. Government Pleader Sri. Tom. K. Thomas, R4, A. Jayasankar, Manu Govind, R5, Prakash C. Vadakkan. J., S.C, R7, P.A. Augustine, S.C, R8, E.K. Nandakumar, K. John Mathai, P. Benny Thomas, P. Gopinath Menon, R9, Bechu Kurian Thomas, Advocates.

Judgment :-

K.M. Joseph, J. Nediyathuruthu and Vettilathuruthu, once two sleepy islands which lay nestled in the Vembanad Lake which is the longest lake in India and a backwater in the State of Kerala, are at the centre of the controversy which we are called upon to resolve in these batch of seven Writ Petitions. There are five Writ Petitions touching the Nediyathuruthu island. The others relate to the Vettilathuruthu island. Is there violation of the Coastal Regulation Zone Notifications issued in the year 1991 and 2011, and is there encroachment on puramboke land and kayal, are the questions which substantially arise for our consideration. Writ Petitions relating to the Nediyathuruthu Island: W.P.(C).No.19564/11 (filed on 18.7.2011).

2. This Writ Petition has been filed by ten petitioners. The 8th respondent is the Kapico Kerala Resorts (P) Ltd. and Shri Roy M. Mathew as the party respondent (hereinafter referred to as the company). The ninth respondent is a Director. This is a Writ Petition filed on the basis that there were "Oonnipads" (stake nets) located near the Nediyathuruthu island. Essentially, the petitioners claim under one Karumban Krishnan who is stated to be a traditi
































































































































































































































































































































































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