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1997 Supreme(Ker) 405

K.G.BALAKRISHNAN, B.N.PATNAIK
Institute Of Social Welfare – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

1. This is a public interest litigation. Institute of Social Welfare, represented by its Secretary, Mahakavi Bharathiyar Road, Cochin - 682016 is the petitioner herein. It is a registered Society. It is stated that the petitioner is interested in the welfare of the general public of Kerala, especially Ernakulam District. He has prayed for issue of a writ of mandamus commanding respondents J to 3 to take immediate measures for prohibiting all construction activities in the Cochin Marine Drive Area. He has also prayed for issue of a direction to respondents 1 to 3 to demolish the buildings which have been constructed in excess of the Floor Area Ratio (FAR) prescribed by the Kerala Building Rules, 1984 in the Cochin Marine Drive Area. Other prayers relate to issue of directions to the authorities to prevent the harvesting of ground water and construction of mechanisms therefor within 200 metres of High Tide Line in the Cochin Marine Drive Area and to prevent from discharging the waste by respondents 4, 5, 6 and 9 into the backwaters.

2. The second respondent - Greater Cochin Development Authority (for short, 'GCDA') has reclaimed the southern portion of the existing Shanmugham


























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