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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ
MAIJO JOSEPH – Appellant
Versus
PALLIVASAL GRAMA PANCHAYAT – Respondent
| Table of Content |
|---|
| 1. petitioner claiming ownership of encroached property. (Para 1 , 2) |
| 2. need for investigation into constructions. (Para 3 , 6 , 12 , 14) |
| 3. equitable relief denied due to lack of clean hands. (Para 4) |
| 4. conflicting claims regarding ownership. (Para 5) |
| 5. directing an inquiry into encroachments. (Para 16) |
JUDGMENT
Muralee Krishna, J.
This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs;
“(i) Issue a Writ of Mandamus or other appropriate Writs, directions or Orders commanding the 2nd Respondent to pursue further effective proceedings by issuing confirmation Order and causing demolition of the unauthorised structures erected by Respondents 3 and 4 in the property covered by Exhibit-P1 Sale Deed, and take the proceedings commenced by Exhibit-P4 Provisional Order under section 235W of The Kerala Panchayat Raj Act , 1994 to its legal and logical conclusion, as mandated by law;
(ii) Issue a Writ of Mandamus or other appropriate Writs, directions or Orders commanding the 2nd Respondent to pursue further proceedings against the unauthorised constructions by Respondents 3 and 4, dehors Exhibit-P7 Notice, and
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