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2021 Supreme(Online)(KER) 2933

HIGH COURT OF KERALA
K.S AJITH KUMAR – Appellant
Versus
CHENDAMANGALAM GRAMA PANCHAYAT – Respondent


Advocates:
['A T ANILKUMAR', '', 'V SHYLAJA', 'P G MANU MAMMALASSERY', 'DEEPA NARAYANAN', '', 'SHRI K SUJAI SATHIAN', 'SC', 'CHENDAMANGALAM GRAMA PANCHAYAT', 'PHILIP T VARGHESE']

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 9th day of August, 2021 [WP(C) Nos.11289 & 13545 of 2021]

W.P.(C) No.11289/2021 has been filed by the petitioner seeking to issue a writ of mandamus directing the 1st respondent-District Collector to take effective and emergent action on Exts.P1 and P4 complaints and to ensure enforcement of Exts.P2, P8 and P9. The grievance of the petitioner arises from the construction of retaining wall in a No Development Area, by the 6th respondent.

2. The said 6th respondent has filed WP(C)

No.13545/2021 seeking to direct respondents 1 and 2 therein not to interfere with the construction of banking wall being carried on by the petitioner on the southern side of Ext.P1 property which separates the Periyar River from his property. As the writ petitions concern same set of facts, they are heard together and being disposed of by a common judgment. The parties to the writ petitions are referred to as they are arrayed in W.P.(C) No.11289/2021.

2. The petitioner in WP(C) No.11289/2021 would state that he is an Ex-Serviceman aged 79 years and the 6th respondent is carrying out unauthorised constructions in his property adjoining the petitioner’s property, i

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