Tenant of shop rooms challenged the Panchayath's bus waiting shed extension as likely to block access and visibility. The Panchayath denied any obstruction and undertook not to extend the shed except roofing over a nearby public well. Recording this statement, the court disposed of the writ petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946 WP(C) NO. 20754 OF 2023
PETITIONER:
NOUFAL K, AGED 33 YEARS S/O MOIDU, KELOTH HOUSE, THETTAMALA P.O, VELLAMUNDA, MANANTHAVADY TALUK, WAYANAD, PIN - 670731
BY ADVS. P.A.MOHAMMED SHAH RENOY VINCENT SHAHIR SHOWKATH ALI CHELSON CHEMBARATHY MUHAMED JUNAID V. SHILU SEBASTIAN FATHIMA AFEEDA P.
RESPONDENTS:
1 THE VELLAMUNDA GRAMA PANCHAYATH, VELLAMUNDA, MANANTHAVADY TALUK, WAYANAD DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 670731
2 THE SECRETARY, THE VELLAMUNDA GRAMA PANCHAYATH, VELLAMUNDA, MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN - 670731
3 RASHID, AGED 35 YEARS, S/O AMMAD, ATHILAN HOUSE, THONDARNAD P.O, MANANTHAVADY TALUK WAYANAD DISTRICT, PIN - 670731 BY ADVS. K.S.ARUN KUMAR M.A.ASIF, SC, VELLAMUNDA GRAMA PANCHAYAT, WAYANAD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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MOHAMMED NIAS C.P., J.
WP(C)No.20754 of 2023
Dated this the 11th day of June, 2024
JUDGMENT
The petitioner, stated to be the tenant in possession of shop rooms bearing Nos. VP435, 436 of Vellamunda Grama Panchayath located on the ground floor of the three-storied commercial building in Re-survey No.282/44 of Porunannore Village in Mananthavady Taluk in Wayanad District., complains that a bus waiting shed is being constructed by the Panchayath which is likely to block the access and visibility of the shop rooms of the petitioner partially. The writ petition is filed questioning the act of the first respondent in attempting to block the ingress and egress to the shop rooms of the petitioner by extending the bus waiting shed and preventing the extension of the bus waiting shed from its present position.
“5. It is submitted that the aforesaid multi-storied building is located on the junction at which the MananthavadiPadhjerethara PWD Road (on the eastern side of the building) meets the Mananthavadi State Highway (on the northern side of
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the building). It is submitted that the aforesaid multi-storied building has direct vehicular access to the Manathavadi State Highway and the said building is connected to the Mananthavadi-Padnjerethara PWD Road through steps provided on its eastern side (as evident from Ext.P3-photographs).
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WP(C)No.20754 of 2023
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
dlk/11.06.2024
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APPENDIX OF WP(C) 20754/2023
PETITIONER'S EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE LEASE DEED DATED 11.08.2022 EXECUTED BETWEEN LATHEEF C.P AND THE PETITIONER EXHIBIT-P2 A TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY PREPARED BY THE VILLAGE OFFICER, PORUNANNORE VILLAGE EXHIBIT-P3 A PHOTOGRAPH SHOWING THE PRESENT CONDITION OF THE BUS WAITING SHED AND THE SHOP ROOMS OF THE PETITIONER EXHIBIT-P4 THE TRUE COPY ALONG WITH THE TYPED COPY OF THE REPLY FROM THE ASSISTANT ENGINEER, PWD, ROAD SECTION, WAYANAD TO AN APPLICATION BY MR. ABDUL JABBAR UNDER RIGHT TO INFORMATION ACT DATED 08.08.2023
RESPONDENTS EXHIBITS
EXHIBIT R1 (A) THE PHOTOGRAPHS SHOWING THE LIE OF THE MULTI-STORIED BUILDING HAVING ACCESS TO THE MANANTHAVADI STATE HIGHWAY ON THE NORTH AND THE MANANTHAVADI-PADNJERETHARA PWD ROAD ON ITS EAST
1 issue framed by the court
Whether the Panchayath's renovation and extension of the bus waiting shed would obstruct the petitioner's ingress and egress to his shop rooms.
Noufal K
The Vellamunda Grama Panchayath
The Secretary, The Vellamunda Grama Panchayath
Rashid
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
