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2014 Supreme(Online)(KER) 14622

HIGH COURT OF KERALA
A.V.RAMAKRISHNA PILLAI, J
SADASIVAN NAIR – Appellant
Versus
CORPORATION OF THIRUVANANTHAPURAM    Advocate -SRI P K MANOJKUMAR – Respondent


J U D G M E N T

Ext.P14 order passed by the Tribunal for Local Self Government Institutions, Thiruvananthapuram and Ext.P18 order passed by the 5th respondent are under challenge in this writ petition. The petitioners have also sought for a direction against the 5th respondent to take immediate action for demolishing the building constructed by respondents 1 and 2.

2. The petitioners are the owners of 21 cents of land comprised in different survey numbers of Vanchiyoor Village, which is lying as single plot. Respondents 1 and 2 are the adjacent owners. The petitioners allege that there is a lane having a width of 3.3 metres passing through the eastern side of property of respondents 1 and 2, which is being used by a large number of people of the locality. The petitioners allege that the said right is declared in Ext.P1 judgment and the appeals arose therefrom. The grievance of the petitioners is that respondents 1 and 2 constructed a building abutting the said lane and encroaching into the same by obtaining a plan suppressing the existence of the said lane and by obtaining an illegal order from the 5th respondent Tribunal. The petitioner challenged the order of the Tribunal in WP(C)

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