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2025 Supreme(Ker) 2363

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
Thykandy Rajan S/o Kunhiraman – Appellant
Versus
District Disaster Management Authority – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K. Rajesh Sukumaran
For the Respondents: Ashwin Sathyanath, M.R. Mini, Nima Jacob

Table of Content
1. property encroachment and construction dispute. (Para 2 , 3)
2. authority's power under disaster management act. (Para 4)

JUDGMENT :

VIJU ABRAHAM, J.

1. Above writ petition is filed challenging Ext.P5 order of the 1st respondent.

2. Brief facts necessary for the disposal of the writ petition are as follows:-

Petitioner is a native of Kannur District who has purchased 3.3. ares of property in R.S. No.35/7 of Edakkad amsom, Attadappa desom in Kannur Taluk as per registered Jenmam Deed No.372 of 2011 of SRO Kadachira. At the time of purchase, there was a small house in it, which was reconstructed by the petitioner, and he is residing there along with his family. Respondent No.2 is the son of respondent No.3, and respondent No.3 has purchased property on the western side of the property of the petitioner, and thereafter a portion of the property was assigned to the 2nd respondent, his son. It is contended that the 2nd respondent started to construct a house in the property on the western side of the property of the petitioner by encroaching upon the petitioner’s property.

3. Petitioner submits that after the purchase of property in the year 2011, the property was levelled t

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