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2023 Supreme(Ker) 71

S. MANIKUMAR, SHAJI P. CHALY
Shafiq Alunkal – Appellant
Versus
District Collector, Kozhikode Collectorate – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.B. Sahasranaman, T.S.Harikumar
For the Respondent: Sri. K.P. Harish, Senior Government Pleader, Smt. K.P. Susmitha, Vinod Singh Cheriyan, T.M. Khalid, Sri. C.M. Mohammed Iquabal, Sri. Peeyus A.Kottam

JUDGMENT :

SHAJI P. CHALY, J.

The captioned appeal is filed by the petitioner in W.P.(C) No. 3250 of 2022 challenging the judgment of a learned single Judge dated 26.10.2022, whereby the following reliefs sought for in the writ petition were declined:

    1. To issue a writ of certiorari or such other writ, direction or order calling for the records leading to Ext.P3 order of the first respondent and quash the same;

2. To issue a writ, direction or order in the nature of mandamus or such other appropriate writ, direction or order directing the first respondent to reconsider Ext.P3 order on the basis of Ext.P4 and after hearing the views of the 4th respondent, the petitioner and other stake holders.

2. The challenge in the writ petition was against Exhibit P3 order dated 30.08.2021 passed by the District Collector on the basis of a direction issued by a learned single Judge of this Court in W.P.(C) No. 29037 of 2020-D dated 22.12.2020 filed by the General Secretary of the Kerala River Protection Committee, whereby the District Collector, taking into account Sections 3, 4 and 5 of the Kerala Irrigation and Water Conservation Act, 2003 (‘Act, 2003’ for short) directed the appellant to demolis

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