IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
Thykandy Rajan S/o Kunhiraman – Appellant
Versus
District Disaster Management Authority – Respondent
| 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
An order under the Disaster Management Act cannot compel a party to construct measures without proper authority when no disaster is established.
The Chairperson of the District Disaster Management Authority lacks the authority to issue demolition orders without a verified emergency and the necessary ratification from the District Authority, v....
The District Disaster Management Authority exceeded its jurisdiction in issuing a general order without emergent circumstances, violating provisions of the Disaster Management Act, 2005.
The Chairman of the District Disaster Management Authority exceeded jurisdiction by issuing orders without an emergent situation, violating provisions of the Disaster Management Act, 2005.
The issuance of a stop memo under the Disaster Management Act must comply with natural justice and must be executed by the correct authority; groundwater level depletion does not constitute an emerge....
Property rights under Article 300A cannot be impaired without concrete evidence of a disaster situation as per the Disaster Management Act, 2005.
Jurisdiction under the Disaster Management Act is limited to community impacts; individual property issues fall under civil law.
Authority must follow jurisdictional mandates; notices issued under the Disaster Management Act by an unauthorized person cannot be upheld.
The Chairman of the District Disaster Management Authority lacks jurisdiction to issue non-emergency orders without consultation and approval from the necessary authorities under the Disaster Managem....
The Disaster Management Act, 2005 permits the government to permanently acquire land for disaster management purposes, ensuring compensation for affected property owners under the eminent domain prin....
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