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2020 Supreme(Ker) 165

S.MANIKUMAR, SHAJI P.CHALY
Mather Nagar Residents Association – Appellant
Versus
District Collector, Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.S.SREEKUMAR (SR.), SMT.A.LOWSY, SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SRI.K.SHIBILI NAHA, SRI.THOMAS P.KURUVILLA
For the Respondent: SRI.K.V.SOHAN, SRI.M.K.ABOOBACKER, SRI.V.V.ASOKAN SR., SRI.ANIMON A. JOHN, SRI.R.B.RAJESH

JUDGMENT :

SHAJI P.CHALY, J

The issues in the captioned writ petitions relate to construction of a multi storied building in an extent of 39.20 Ares of property comprised in Block No.5, R.S.Nos.104/1 & 104/2, (old Sy.Nos.707/18A, 707/18A1, 707/17/2, 707/188, 702/20) of Thrikkakkara North Village. W.P.(C) No.33717/2016 is filed by Mather Nagar Residents Association, who are apparently residents of the locality, objecting to the construction proposed to be carried out by a builder viz., National Builders, who is the petitioner in the connected writ petition, seeking a mandamus directing the District Collector, Ernakulam and the Kalamassery Municipality, respondents 1 and 2, to take immediate and effective action to prohibit the 3rd respondent from filling up 39.20 Ares of uncultivated paddy land comprised in Re-Sy Nos.104/1 and 104/2 of Thrikkakara North Village, and for a further mandamus directing the District Collector to conduct an enquiry as to how the nature of land was changed as dry land in Ext.P6 revenue record issued by the revenue authorities, which is a document similar to Ext.P13 in the connected writ petition, and to take appropriate action against the officers, who are r

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