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V.C. ELIAS versus STATE OF KERALA

High Court of Kerala

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V.C. ELIAS v. STATE OF KERALA - WP(C) No. 16233 of 2007(G) [2007] RD-KL 14122 (25 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 16233 of 2007(G)

1. V.C. ELIAS,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. THE DISTRICT COLLECTOR, THRISSUR.

3. THE TAHSILDAR, THALAPPILLY.

4. THE ASSISTANT EXECUTIVE ENGINEER,

For Petitioner :SRI.P.BHASKARAN

For Respondent : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :25/07/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO. 16233 OF 2007

DATED THIS THE 25th DAY OF JULY, 2007



JUDGMENT

The petitioner submits that the petitioner was granted permission by Ext.P2 to construct a retaining wall on either side of the drain in front of the petitioner's property and to provide slabs over the same so as to have vehicular access to the petitioner's property subject to the conditions mentioned therein.

2. The petitioner has approached this Court when by Ext.P3 notice under the Kerala Land conservancy Rules he was required to demolish the slabs on the ground that the same is on Government land. The petitioner himself admits that while this writ petition was pending, the slabs have been demolished by the respondents. The petitioner now submits that the said demolition is illegal and therefore he would be entitled to sue for damages. I am of opinion that, that can only be through a properly constituted suit before the appropriate Civil Court. Therefore, without prejudice to the right of the petitioner to seek his remedies by way of filing a suit, this writ petition is closed.

S. SIRI JAGAN, JUDGE

Acd


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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