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2025 Supreme(Online)(Ker) 58671

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
T.RAGHUNATHAN – Appellant
Versus
THE SECRETARY, THIRUVANANTHAPURAM CORPORATION – Respondent


Advocates:
For the Appellants/Petitioners: Shri.JAYKAR.K.S., SRI.P.RAMAKRISHNAN, SMT.PREETHI RAMAKRISHNAN, SMT.ASHA K.SHENOY, SRI.T.C.KRISHNA, SRI.C.ANIL KUMAR, SRI.PRATAP ABRAHAM VARGHESE
For the Respondents: SRI.N.NANDAKUMARA MENON (SR.), SRI.R.GOPAN, SRI.P.K.MANOJKUMAR, SC, TVPM CORPORATION, SRI.SHAJIN S.HAMEED, SRI.SUMAN CHAKRAVARTHY, SC, THIRUVANANTHAPURAM CORPORATION

Table of Content
1. dispute over drain ownership and municipal authority. (Para 1 , 2 , 3)
2. proper inquiry mandated before further action. (Para 5 , 6)

JUDGMENT

W.P.(C)No.12560 of 2020 The petitioner has approached this Court challenging Ext.P2 and seeking for other consequential directions.

2. The petitioner is the owner in possession of 1.10 ares of property with a building therein in Kudappanakunnu Village, Thiruvananthapuram District. On the western side of the said building, abutting the main road, there is public drainage which is maintained by the 1st respondent. Within the property of the petitioner on the northern side, there is a drain connecting to the public drain which is 1 feet in width and connects to the properties behind the petitioner's building. The property of the 2nd respondent lies farther north of the petitioner's building. While so, the 2nd respondent made a complaint before the 1st respondent citing unauthorised construction by the petitioner and requesting the said authority to take appropriate action. Thereupon, Ext.P1 notice was issued, directing the petitioner to remove the encroachments.

Challenging the same an appeal was preferred before the Tribunal as

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