Nandakumar v. P.S. Krishna Pillai
Case brief
What is this about?
The High Court of Kerala closed this writ appeal against an interim order allowing the Corporation to tile a portion of a disputed road. The court held no necessity to undo Single Judge directions provided the Corporation does not claim title.
What did the court decide?
The writ appeal is closed; the Corporation is directed to complete tiling within one month without prejudicing party rights.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 7TH DAY OF JANUARY 2016/17TH POUSHA, 1937
WA.No. 2414 of 2015 () IN WP(C).12605/2015
AGAINST THE ORDER IN WP(C) 12605/2015 of HIGH COURT OF KERALA DATED 12-10-2015
APPELLANTS/ADDITIONAL RESPONDENTS 2 AND 4 TO 6 :
- NANDAKUMAR AGED 63 YEARS S/O.LATE T KRISHNA MENON, PAYYAPPILLY HOUSE MANIMALA ROAD, EDAPPALLY, KOCHI 682024
- SMITHA AGED 43 YEARS D/O.LATE VISWANATHAN, PAYYAPPILLY HOUSE, MANIMALA ROAD EDAPPALLY, KOCHI 682024
- VIJAYALAKSHMI AGED 71 YEARS W/O.LATE VISWANATHAN, PAYYAPPILLY HOUSE, MANIMALA ROAD EDAPPALLY, KOCHI 682024
- SUBHADRA AGED 57 YEARS W/O.LATE SETHU MADHAVAN, PAYYAPPILLY HOUSE MANIMALA ROAD, EDAPPALLY, KOCHI 682024
Issues for consideration
3 issues framed by the court
Whether there is a necessity to unsettle the directions of the Single Judge permitting tiling of a disputed portion of a road.
Whether the Corporation of Kochi has the right to tile a portion of a road not surrendered to it without prejudice to title.
Whether public claim of right over tiled portion affects private road or easement right holders.
Parties & counsel
- appellant
NANDAKUMAR
- appellant
SMITHA
- appellant
VIJAYALAKSHMI
- appellant
SUBHADRA
- respondent
P.S. KRISHNA PILLAI
- respondent
Case details
As recorded by the court registry
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