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2025 Supreme(Online)(Ker) 56910

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
K.V.M TRUST – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.GEORGE POONTHOTTAM (SR.), SMT.NISHA GEORGE, SHRI.VISHNU B.KURUP
For the Respondents: GOVERNMENT PLEADER

JUDGMENT

The above writ petition is filed challenging Exts.P9, P18 and Ext.P19 orders and for a consequential direction to the 7th respondent to issue permission on Ext.P7 application and other documents submitted by the petitioner vide Ext.P16 communication.

2. Petitioner is a trust and is conducting educational institutions, and a college is established on 11 acres of land. It is submitted that there is a public channel passing through the compound of the petitioner Trust where the institution is functioning, which divides the compound into two parts, one where the buildings are functioning, and the other half wherein a new polytechnic college and playground for the students is proposed. As the public channel causes inconvenience to the students and staff of the institution, the Trust decided to construct a culvert across the channel. For constructing the culvert, the petitioner sought permission before the 6th respondent and after due deliberation, the 6th respondent permitted the petitioner to carry out the construction of the culvert, as evident from Ext.P1 decision.

3. After obtaining permission from the 6th respondent, the petitioner started constructing a culvert across the

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