Disposed

Rekha Lakshmi v. State of Kerala

Kerala HC16 Dec 2022WP(C)/26148/2022

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What is this about?

**Writ petition disposed to direct the 2nd/5th/6th respondents to allow the petitioner to construct a retaining wall within her boundary.** The court recorded consent from the 6th respondent and custody of the matter to civilian engineers and Panchayat.

What did the court decide?

Writ petition disposed directing construction of retaining wall under LSGD Engineer supervision and with Panchayat permission.

Rekha Lakshmi Vs State of Kerala — Property and Title | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

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FRIDAY, THE 16^TH DAY OF DECEMBER 2022 / 25TH AGRAHAYANA, 1944

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WP(C) NO. 26148 OF 2022

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AGAINST THE ORDER/JUDGMENT AS NO.1/2001 OF SUB COURT,

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KOTTARAKKARA

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OS 3/1997 OF MUNSIFF COURT, PUNALUR RSA 1399/2010 OF HIGH COURT OF KERALA

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PETITIONER:

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REKHA LAKSHMI AGED 45 YEARS W/O. SANTHOSH KUMAR, MULLACKAL KIZHAKKETHIL VEEDU, MUSAVARIKUNNU WARD, PUNALUR VILLAGE PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN – 689 695.

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BY ADVS. SANTHARAM. P REKHA ARAVIND P.G. GOKULNATH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN – 695 001. 2 THE DISTRICT COLLECTOR DISTRICT COLLECTORATE, CIVIL STATION RD, KAANKATHU MUKKU, KOLLAM DISTRICT, PIN – 691 013, DESIGNATED AS THE CHAIRPERSON, DISTRICT DISASTER MANANGEMENT AUTHORITY, KOLLAM DISTRICT, PIN – 691 013. 3 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, PUNALUR, KOLLAM DISTRICT, PIN – 691 331. 4 THE TAHSILDAR TALUK OFFICE, MINI CIVIL STATION, PUNALUR TALUK, KOLLAM DISTRICT, PIN – 691 305.

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W.P(C) NO.26148 OF 2022

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5 THE VILLAGE OFFICER PUNALUR VILLAGE, KOLLAM DISTRICT, PIN – 691 305. 6 PRIYA SAMUEL, AGED 42 YEARS, W/O. JOSEPH DANIEL, PRABIN VILLA, NEAR RAILWAY STATION, MUSAVARIKUNNU WARD, PUNALUR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN – 689 695.

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SRI. SYAMANTHAK B.S - GP SRI. S.SREEJITH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) NO.26148 OF 2022

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JUDGMENT

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The writ petition has been filed for a direction to the 3^rd respondent to consider Ext.P4 wherein the petitioner has prayed for direction from the RDO to direct the 6^th respondent to construct a retaining wall in between the property of the petitioner and the 6^th respondent.

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When the matter came up for consideration today, the learned counsel for the petitioner submits that the petitioner is willing to construct the retaining wall within her boundary at her expense, but, there shall be a direction that the 6^th respondent shall not obstruct such construction.

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It is submitted by the learned counsel for the 6^th respondent that the 6^th respondent has no objection

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in the petitioner constructing retaining wall within her boundary at her expense. This is recorded.

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W.P(C) NO.26148 OF 2022

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It is submitted by both the parties that the

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subject matter of Ext.P3 suit has nothing to do with the reliefs claimed by the petitioner in this writ petition and the directions in this writ petition will not impede the contentions of either party in the said suit. This is also recorded.

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The construction of retaining wall shall be

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carried out under the supervision of the LSGD Engineer and with the permission of the Panchayat.

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The writ petition is disposed of accordingly.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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W.P(C) NO.26148 OF 2022

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1	TRUE COPY MUNSIFF CO	OF JUDGMENT IN O.S NO.3/1997 OF URT, PUNALUR DATED 30.06.2000.
EXHIBIT P2	TRUE COPY KERALA IN	OF JUDGEMENT OF HIGH COURT OF RSA.1399/2010 DATED 02.08.2011.
EXHIBIT P3	TRUE COP	Y OF PLAINT FILED BY 6TH
	RESPONDENT COURT PUNA	IN O.S 115/2022 OF MUNSIFF LUR DATED 21.03.2022.
EXHIBIT P4	TRUE COPY RESPONDENT 20.12.2021	OF COMPLAINT FILED BEFORE 3RD BY PETITIONER HEREIN DATED .
EXHIBIT P5	TRUE COP RESPONDENT	Y OF REPORT FILED BY 4TH DATED 02.03.2022.
EXHIBIT P6	TRUE COPY	OF PHOTOGRAPH OF THE PROPERTY.
EXHIBIT P6 (a)	TRUE COPY	OF PHOTOGRAPH OF THE PROPERTY.
EXHIBIT P7	TRUE COPY BY 3RD RES	WITH TYPED COPY OF ORDER ISSUED PONDENT DATED 28.04.2022.

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RESPONDENTS EXHIBITS: NIL.

Rekha Lakshmi v. State of Kerala

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Rekha Lakshmi v. State of Kerala

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