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2014 Supreme(Online)(KER) 7922

HIGH COURT OF KERALA
C.T.RAVIKUMAR, J
KAMALAKSHI – Appellant
Versus
MANJALLOOR PANCHAYATH – Respondent


JUDGMENT

The grievance of the petitioner is regarding the construction of a retaining wall on the southern side of Alakathodu or Neerampuzhathodu that passes through the southern side of his property. The contention of the petitioner is that during rainy season water level in the canal used to rise and the property of the petitioner used to immerse in water. To prevent this a retention wall with a height of 4 feet was constructed by the Panchayat and thereafter the petitioner increased its height further. Now, what is under challenge is the construction of the retention wall on the other side. Essentially, the contention of the petitioner is that it is constructed in such a manner to reduce the width of the thodu and therefore if it is allowed upon completion of construction the free flow of the water through the thodu would be hampered and it might cause collapse of the retention wall besides causing erosion of land. Apprehending such a situation and raising grievance against the present construction the petitioner preferred Ext.P2 complaint before the Revenue Divisional Officer, Muvattupuzha. He had also preferred Ext.P3 complaint before the Village Officer,Manjalloor. Despite th

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