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2024 Supreme(Online)(KER) 31444

HIGH COURT OF KERALA
MOHAMMED NIAS C.P., J
L.G.KRISHNA KUMAR – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
N.RATHEESH, SUMA RATHEESH, SHANKAR RETHEESH, SMT. AMMINIKUTTY.K., SR.GP., SHRI.K.S.PRENJITH KUMAR, CGC, G.SANTHOSH KUMAR (P)

JUDGMENT

The petitioner is stated to be the owner in possession of 5.180 Cents of land comprised in Resurvey No.212/4/3, Block No.36 of Aluva East Village under Ext.P1 partition deed dated 1.2.2007. The petitioner submits that his property is 280 meters from the compound wall of the sixth respondent Naval Armament Depot (NAD). It is also stated that after the boundary of the NAD compound wall, there is a public road and thereafter Periyar Valley Irrigation Project Edappally Main Branch Canal and further to that another public road is lying, which is about 100 meters away from the petitioner's property. Intending to construct a residential house, the petitioner approached the seventh respondent and submitted a building plan for approval. He was informed that NOC is required from the sixth respondent.

2. The petitioner constructed the house about 10 years back and approached the seventh respondent to assign a building number. The petitioner points out that as per the letter issued by the second respondent dated 18.5.2011 Ext.P3, the only restriction is for construction within 100 meters of the defence establishment and that too only if there is a threat of security hazard. Beyond the d

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