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2024 Supreme(Online)(KER) 20005

HIGH COURT OF KERALA
M.A. ABDUL HAKHIM, J
P.D.RADHAKRISHNAN – Appellant
Versus
VALAPAD GRAMA PANCHAYATH – Respondent


JUDGMENT

1. The Petitioners in these two writ petitions are the residents on the sides of Edamuttom Beach - Jawan Corner Panchayat Road (‘the road’ in short) which has been lying east-west starting towards west from National Highway lying north-south. The parties and documents are referred as per the descriptions in W.P.(C) No.26765/2016 unless otherwise specifically stated.

2. The Petitioners’ grievance is with regard to the demolition of their boundary walls & gates, cutting aged old trees and encroachments into their properties by the respondents 1 to 6 & 8 under the guise of road widening. According to them, few unknown persons headed by respondents 2 to 6 of which the 4th respondent identified himself as a contractor engaged by the respondents 1 to 3 have done the above illegal acts using JCBs with the active supports of the respondents 1 to 3.

3. The petitioners filed this writ petition contending that they had no notice or intimation from the respondents 1 to 3 about their proposal for the development of the road; that there is not even a decision by the Panchayat to widen the road; that there is no land acquisition proceedings so as to acquire the petitioners' properties; tha

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