VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is engaged in farming activities in the Amayamkunnu Island in Edappal Village, is before this Court seeking to quash Ext.P12 and to declare that the petitioner and his employees are entitled to use the bund constructed by respondent No.6 for taking small vehicles to transport agricultural goods, materials and implements having a total weight below 3 tonnes inclusive of the vehicle, to and from his properties.

(2.) The petitioner's family is engaged in farming activities in about 10 Acres of land owned by the family in Amayamkunnu Island in Edappal Village. The property is surrounded by paddy fields, Amayam Hill and a lake. The petitioner is cultivating tapioca, paddy, arecanut, vegetables, plantains and medicinal plants. He is also breeding cattle and fowl in the property.

(3.) The only access to the property is a small bund from Vallad. The bund is owned by the Government. The bund was constructed/developed as part of a project implemented by Thrissur-Ponnani Kole Development Agency, an agency formed by the Government of Kerala. It was renovated by the Kerala Land Development Corporation Limited. The petitioner has to travel about 300 m. through the bund to reach his property. He has no other access to the property than through the bund.