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2015 Supreme(Ker) 1038

A.MUHAMED MUSTAQUE
KARIMPANAL ARCADE OWNER'S WELFARE ASSOCIATION, EAST FORT, THIRUVANANTHAPURAM – Appellant
Versus
STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI.JOHN JOSEPH VETTIKAD, SRI.C.JOSEPH JOHNY
For the Respondent: SRI.C.S.MANILAL

Judgment :

These writ petitions are filed questioning proceedings initiated under the Disaster Management Act 2005 (hereinafter referred to as the “DM Act”). Since common questions of law are involved in all these cases, these cases are disposed of by a common judgment.

FACTS:

2. W.P.(C).No. 26377/2015:

2.i. The petitioner claims ownership of a land in Survey No.560/364 of Vanchiyoor Village in Thiruvananthapuram Taluk, Thiruvananthapuram District. He has been served with a notice under Section 34(k) of the DM Act. Ext.P8 is the said notice. The notice directs him to show cause against proposed demolition and removal of the structures and buildings belonged to him. It is stated in the notice that the petitioner had constructed building above the underground arched conduit portion of the Thekkanankara Canal situated in Survey No.560/364. The notice was issued by the District Collector in the capacity as the Chairman of the District Disaster Management Authority, Thiruvananthapuram. On receipt of notice, the petitioner raised objections before the Revenue Minister as per Ext.P11. In the objection, the petitioner has stated that the land referred above belongs to the Maharaja of Travanco



















































































































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