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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
SHAIJU SAKHAI – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenging unauthorized constructions and seeking revocation of occupancy certificate. (Para 1 , 2 , 3) |
| 2. court considers the impact of prior judgments on current petitions. (Para 4 , 5) |
| 3. court orders action based on established property rights and compliance with authorities. (Para 6 , 7) |
JUDGMENT
[WP(C) Nos.29646/2023, 13024/2023, 42172/2023]
These writ petitions are with respect to the certain unauthorised constructions carried out by respondents 12 to 17 in W.P.(C) No.42172 of 2023.
2. The petitioner in W.P.(C) No.42172 of 2023 has filed the said writ petition pointing out that when the unauthorised construction came to his knowledge, he instituted a civil suit before the Additional Munsiff Court-I, Neyyattinkara as O.S.No.456 of 2010 and by Ext.P10 judgment dated 30.09.2023, the suit was decreed with a declaration as regards the title and possession over the plaint schedule property in favour of the plaintiff therein, who is none other than the petitioner in this writ petition. In the meantime, since the petitioner came to know that the party respondents had constructed certain residential buildings in the property encroached as above and had also obtained ele
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