DEEPU ZACHARIAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is aggrieved by the proposal for construction of a culvert in a canal on the southern side of the property owned by him. Mainly, it is contended that the construction is in violation of the judgment of the Munsiff's Court produced as Ext.P3 and even otherwise, the expenses which will have to be incurred, would be a waste.

(2.) SHORT facts leading to the filing of the writ petition, are the following: The extent of property owned by the petitioner is 34.60 ares of land in Sy. No. 263/3 of Madappally Village. There is a canal which flows in the east-west direction, through the southern side of the property. There is a public road which ends at the south western side of the said property, on the southern side of the canal.

(3.) IT is the case of the petitioner that now, the second respondent has again sanctioned an amount of Rs.9 lakhs for constructing a culvert across the canal on the southern side of the property and the petitioner thereafter sent a notice under Section 80 of the Code of Civil Procedure to the second respondent. Ext.P7 is the reply furnished by the second respondent.