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2020 Supreme(Online)(KER) 37849

HIGH COURT OF KERALA
ALEXANDER THOMAS, J
P.V. SREEDHARAN – Appellant
Versus
THE THALASSERY MUNICIPALITY – Respondent


Advocates:
SRI.M.SASINDRAN, SRI.V.VENUGOPAL, SRI.I.V.PRAMOD

JUDGMENT

The case set up in this writ petition (C) is as follows:

That the petitioner is the absolute owner in possession and enjoyment of 6.07 ares of property in Sy.No. 25/8A of Thalassery Village by virtue of document No. 1620 of 2014 of Thalassery S.R.O. Based on Exhibit P1 approved plan, the petitioner constructed residential building and a well in the property. The petitioner submitted an application as E3-BA-457/15-16 to the 1st respondent Municipality along with Exhibit P2 plan for construction of a compound wall on the eastern side of the property. Further that the Municipality conducted the inspection through town surveyor and submitted a plan and report to the Municipality. Based on the report of the town surveyor, earmarked the place for construction of the compound wall abutting the road and that the petitioner constructed the compound wall in the line earmarked by the town surveyor. The petitioner effected the construction of the compound wall in the year 2016. That Exhibit P3 notice dated 3.6.2020 has been issued by the 3rd respondent stating that a complaint has been received regarding the construction of the compound wall and if any permit is obtained for constructi

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