USHADEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner says that she is the owner of 10.98 Ares of garden land in Sy.Nos.314/27/1-5 and 315/1-2-5 of Kuthiathode Village and that she attempted to construct a metal fencing on the northern side of 5.46 Ares of land for avoiding soil erosion and to prevent entry of unauthorized persons into the same. She admits that there is a 'thodu' on the northern side of her property and asserts that one half of the same belongs to the petitioner.

(2.) She says that she had made the construction without impeding flow of water in the 'thodu' and without encroaching into the same in any manner, but that the Village Officer has issued Ext.P1 Memo asking her to stop all constructions, alleging, without any basis, that it has been made obstructing flow of water in the said 'thodu'.

(3.) The petitioner says that since her property is not included in the Data Bank and she had made the construction without in any manner obstructing the flow of water in the 'thodu', she preferred Ext.P2 objections before the Village Officer; but that when he refused to take any action thereon, she was constrained to approach him seeking copies of the Survey Sketch, Basic Tax Register, Area List and Data Bank but that she was informed by the Village Officer through Ext.P4 that his office does not have a copy of these documents.