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2026 Supreme(Online)(Ker) 4212

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
BASIL JOSEPH – Appellant
Versus
THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM – Respondent


Advocates:
For the Appellants/Petitioners: SRI.C.K.PREM RAJ
For the Respondents: SHRI.ABRAHAM P.MEACHINKARA, SC, MAZHUVANOOR GRAMA PANCHAYAT, SHRI.K.S.ARUN KUMAR, SHRI.VIJAY SANKAR V.H., SMT.AMRUTHA K P, SMT.AMRUTHA P S, SMT.SRUTHY UNNIKRISHNAN

JUDGMENT

Petitioner has approached this Court seeking a direction to respondents 1 to 4 to demarcate the puramboke land occupied by the party respondents and evict them by demolishing the constructions on it. Petitioner has also sought for a direction to respondents 3 and 4 to stop the construction being effected by the party respondents referred to in Ext.P1 complaint.

2. The specific case of the petitioner is that his neighbours, respondents 5 and 6, who have obtained building permit for construction of ground floor and first floor, are undertaking construction of the second floor without obtaining necessary permit. It is also complained that the said construction undertaken by respondents 5 and 6 is encroaching upon the puramboke land.

3. A detailed counter affidavit has been filed by the 6th respondent, wherein it is denied that the building is not abutting and encroaching the thodu puramboke and there is 2 metres distance from the thodu to the said building. In the counter affidavit it is admitted by the 6th respondent that after completion of the building as per the building permit granted, certain extension work was carried out in the second floor without obtaining permit fro

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