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2024 Supreme(Online)(KER) 20371

HIGH COURT OF KERALA
MOHAMMED NIAS C.P., J
T.A. IBRAHIM KUTTTY – Appellant
Versus
STATE OF KERALA REPRESENTED BY SECRETARY TO REVENUE DEPARTMENT – Respondent


JUDGEMENT

Dated this the 29th day of July, 2024 The petitioner claims that the 8th respondent has illegally reclaimed the pond in question without any permission and asserts that the pond is in the Panchayat puramboke.

2. A counter affidavit has been filed on behalf of the 5th respondent Tahsildar, wherein it is stated as follows:

    “2. It is submitted that, 3.80 Ares in Block No. 25, Re-survey No.112/19 of Aluva East Village is recorded as “Kulam Puramboke” in the Basic Tax Register. On receiving a complaint from the petitioner that the Kulam Puramboke land is encroached by the Management of Al Hind Public School. On verification of the complaint, the 6th respondent reported that the land in question is situated near Pengattussery Muslim Jama Ath since it was reclaimed and used as the way of Al Hind Public School for the last 5 years. On the local enquiry it is revealed that there was a public pond situated near Pengattussery Jama Ath and the Village Officer submits Form A proforma along with the report as per KLC Act.
    3. It is submitted that the Form B hearing notice was issued to the authorities of Al Hind Public School and hearing was conducted on 02.08.2023. Advocate Sajitha was pr

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