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2020 Supreme(Online)(KER) 27842

HIGH COURT OF KERALA
ALEXANDER THOMAS, J
SHYJAN O.S – Appellant
Versus
CHANDRAN M.V – Respondent


Advocates:
SRI.DARSAN SOMANATH

JUDGMENT

The case set up in the above Writ Petition (Civil) is as follows :

That the petitioner and 1st respondent are neighbors. Banana plant leafs, branches of jackfruit tree and coconut tree standing in the boundary of the property of 1st respondent are slanting into the property of petitioner. Despite Exhibit P3 communication and Exhibit P4 notice issued by the 2nd respondent, 1st respondent had not removed the trees slanting into the property of petitioner. There is also a cow barn in the property of 1st respondents near the boundary and the waste water from the cow barn will flow to the boundary and accumulate therein resulting in nuisance odor making the life of petitioner and his family members miserable. Moreover The accumulation of waste water resulted in the breeding of mosquitoes and the increase in number of mosquitoes had caused large potential health problems in the locality. The 4th respondent vide Exhibit P6 notice directed the 1st respondent to construct soakage pit to direct the flow of waste water from the cow barn. Till date the 1st respondent had not complied with the directions of 2nd and 4th respondents. Despite the petitioner preferring repeated complaints be

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