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2024 Supreme(Online)(KER) 18182

HIGH COURT OF KERALA
P. G. Ajithkumar, J
SALIM – Appellant
Versus
ALAMCODE GRAMA PANCHAYATH – Respondent


JUDGMENT

The 1st petitioner is the owner in possession and enjoyment of 75 cents in Sy.No.78/1 of Alamcode/Othallor Village by virtue of Ext.P1 sale deed. It is submitted that on 22.2.2012, the 2nd petitioner who is the 1st petitioner’s father received a notice from the 1st respondent stating that the 2nd petitioner had filled a ‘Thodu’ in Sy.Nos.79/17 and 79/18 of Alamcode Village and made it as part of the property of the 2nd petitioner and that action will be taken against the 2nd petitioner if the property is not restored to the previous state. The 1st petitioner also received another notice from the 2nd respondent stating that he had filled the ‘Thodu’. It is the submission of the petitioners that they do not have any property in the said Survey Nos. The Survey Number of the property of the 1st petitioner is 78/1 and there is no ‘thodu’ adjoining the property of the 1st petitioner is the submission. The boundaries of the property of the 1st petitioner is property given for road on the east, field on the north, solid properties on the west and field and panchayath road on the south. According to the petitioners, from Ext.P1, it is clear that there is no ‘thodu’ in existence. Ac

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