This court disposed of a modification application seeking to expand an earlier order to allow an 18-foot passage. The court held that modifying the order was unsuitable and granted liberty to file a separate writ petition instead.
Modification application disposed of; liberty granted to file a separate writ petition for 18 feet passage.
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W.M.P.No.23243 of 2021 in W.P.No.15727 of 2020
W.M.P.No.23243 of 2021 in W.P.No.15727 of 2020
ABDUL QUDDHOSE, J.
This Court, by its earlier order dated 22.03.2021, while disposing of W.P.No.15727 of 2020, directed the second respondent to comply with the undertaking given in paragraph No.9 of the counter affidavit filed by the second respondent before this Court by removing the fence put up in front of Mr.Kalaivanan's property situated in Survey No.119, Attur, to enable the petitioner to have vehicular access, adjacent to the petitioner's land, within a period of two weeks from the date of receipt of copy of the said order.
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W.M.P.No.23243 of 2021 in W.P.No.15727 of 2020
the objections raised by the respondents, as in the earlier order dated 22.03.2021, only vehicular access was permitted, but now, the petitioner is seeking for 18 feet passage to enable the petitioner's vehicle to pass through the said passage. If at all aggrieved by non grant of 18 feet passage, the petitioner's only remedy is to file a separate writ petition and not seek for modification of the earlier order, which directed the respondents only to grant vehicular access to the petitioner's vehicle and did not specify the actual width of the said passage.
of 2021 is disposed of, by granting liberty to the petitioner to file a separate writ petition seeking for the relief as sought for in this modification application.
08.12.2021
srn
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W.M.P.No.23243 of 2021 in W.P.No.15727 of 2020
ABDUL QUDDHOSE, J.
srn
W.M.P.No.23243 of 2021 in W.P.No.15727 of 2020
08.12.2021
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2 issues framed by the court
Whether the court can modify an earlier order granting only vehicular access to allow an 18-foot passage.
What is the appropriate remedy for the petitioner if aggrieved by the non-grant of 18 feet passage.
Petitioner
Respondents
Abdul Quddhoose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
