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2022 Supreme(Online)(KER) 24345

HIGH COURT OF KERALA
DEVI C.JAYAN – Appellant
Versus
THE CORPORATION OF THIRUVANANTHAPURAM – Respondent


JUDGMENT

The petitioner owns 24 cents of property in Sy.No.2319 and

2320 of Thycaud Village in Thiruvananthapuram, obtained as per a partition deed document No.4610/1995 dated 10.10.1995 of SRO, Thiruvananthapuram. The petitioner is conducting a lodge by the name 'Greenland Lodging' in the building situated in the property. The 2nd respondent who owns the neighbouring property obtained a building permit on 28.07.2017 from the 1st respondent Corporation. The permit was for the construction of a five-storeyed commercial building in the property and on 31.10.2017 the 2nd respondent started pilling work on the property. According to the petitioner, the work was carried out by the 2nd respondent in total violation of the Kerala Municipality Building Rules (hereinafter referred to as KMBR). It is stated that after 20.12.2017 the pilling of the land was vigorously done, and deep excavation of the soil was also started which disturbed the lie and lateral support of the property of the petitioner. The petitioner submits that serious damage was caused to the lodging house of the petitioner. It is also stated that the 2nd respondent fixed a huge advertisement board masking the signboard of the

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