Petitioner challenged a Panchayat's bridge construction allegedly obstructing his property access. Court found no absolute blockade and preserved common law remedies. Writ petition dismissed without prejudice.
Writ petition dismissed, but petitioner's right to resort to other available remedies under common law is preserved.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
THURSDAY, THE 9TH DAY OF FEBRUARY 2012/20TH MAGHA 1933
WP(C).No. 2127 of 2012 (M)
PETITIONER(S):
RAHANA, AGED 25 YEARS, W/O. SHUKOOR, PUTHANPARAMBIL HOUSE, MANJALI, N. PARAVOOR, ERNAKULAM DISTRICT.
BY ADVS. SRI.AMJAD ALI, SRI.MANSOOR.B.H.
RESPONDENT(S):
1. KUZHOOR GRAMA PANCHAYATH,
2. THE VILLAGE OFFICER,
3. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR.
R2 & R3 BY GOVT. PLEADER MR.MUHAMMED SHAFI M.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 2127 of 2012 (M)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT-P2TRUE COPY OF THE COMPLAINT DATED 09/01/2012 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT.
EXHIBIT-P3TRUE COPY OF THE RESOLUTION DATED 16/01/2012 OF IST RESPONDENT PANCHAYATH.
EXHIBIT-P4TRUE COPY OF THE REPRESENTATION DATED 17/01/2012 BEFORE THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
C.K. ABDUL REHIM, J.
W.P.(c) No. 2127 OF 2012
DATED THIS THE 9th DAY OF FEBRUARY, 2012
J U D G M E N T
Grievance of the petitioner is that the 1st respondent
panchayat is constructing a Hanging bridge for access to an island namely 'Payathuruth'. The pillar of the bridge is constructed on a pathway abutting to the petitioner's property in a manner causing obstruction to the access to his property. According to the petitioner the pillar of the hanging bridge is constructed in a manner that it will obstruct access to the property belonging to the petitioner, having extent of 12.5 cents comprised in Sy. No.495/1 of Thirumukkulam village.
W.P.(c) No. 2127/2012 -2-
1st respondent panchayat as per Ext.P3. Since the construction is in progress and the property abutting on both sides of the pathway are provided with access, the panchayat cannot do anything in the matter, is the observation. However, the panchayat had forwarded the issue for consideration of the 3rd respondent. According to the petitioner even though the petitioner had approached the 3rd respondent in Ext.P4, no steps has been taken. Hence this writ writ petition is filed.
W.P.(c) No. 2127/2012
-3-
other remedy if any available under law.
Sd/- C.K. ABDUL REHIM, JUDGE.
AMG
True copy
P.A to Judge
2 issues framed by the court
Whether the construction of a bridge pillar obstructs the petitioner's right of access to his property.
Whether the petitioner is entitled to any immediate writ relief in view of alternative access provisions.
RAHANA
KUZHOOR GRAMA PANCHAYATH
THE VILLAGE OFFICER, THIRUMUKKULAM
THE DISTRICT COLLECTOR, THRISSUR
C.K. ABDUL REHIM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
