PRADAPAN Vs. ASSISTANCE ENGINEER

JUDGEMENT

(1.) The construction of a concrete structure by the 3 rd respondent in the public pathway without obtaining permission from the Highways authority resulted in the users of the public pathway to approach this Court by this writ petition.

(2.) The dispute gained attention of this Court in WP(C) No. 20235/2011. In that writ petition, the Assistant Engineer, PWD roads section, filed a statement. It is stated in the statement that the 3 rd respondent has no other access from his property to Vypin-Pallippuram road and he has every right to construct the access from his land to the road. However, it was stated that no procedure was followed by the 3 rd respondent in constructing the concrete structure.

(3.) This Court disposed of the writ petition directing the 3 rd respondent to place the matter before the authority concerned and directed the authority concerned to consider the application to be submitted by the 3rd respondent in accordance with law.