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2019 Supreme(Online)(KER) 28684

HIGH COURT OF KERALA
Devan Ramachandran, J
SUNIL K.K. – Appellant
Versus
CHOONDAL GRAMA PANCHAYATH – Respondent


Advocates:
SRI.T.C.SURESH MENON SRI.P.S.APPU SRI.A.R.NIMOD, ADV. DEEPU THANKAN

J U D G M E N T

The petitioner has approached this Court in the year 2018, alleging that the respondents are attempting to cut across a Canal through his property, so as to drain the water accumulated in the flood of the said year. The petitioner says that he was constrained to approach this Court fearing that the respondents will complete the work of the construction of Canal; but that thereafter, no further action has been taken by them, particularly because this Court had interdicted them from doing so by issuing an interim order to maintain Status Quo as on 03.09.2018. The petitioner says that if the respondents are not proposing to take any further action, then his grievances are fully redressed.

2. The learned Standing Counsel appearing for the respondent - Grama Panchayat, submits that the allegations of the petitioner are not correct since his property still remains as a paddy land but appears to have constructed a compound wall around it without obtaining any legal sanction and by covering a naturally formed water canal and culvert. He says that on account of this, during the flood of the year 2018, the entire area became inundated with water; and consequently, that the wall

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