T.K. SALIM Vs. PERUMBAVOOR MUNICIPALITY

JUDGEMENT

(1.) This is a petition filed under Art.227 of the Constitution of India with the following prayers:

(2.) The original petitioner herein is the plaintiff in O.S.No.286 of 2020. According to the plaintiff, the plaint B schedule property having an extent of 1.62 Ares was acquired by the Government from the plaintiff for constructing a public road to 'C' schedule Perumbavoor Municipal Auditorium. After acquisition, the plaintiff's property was divided into 2 in between the plaint B schedule item. It has been contended, inter alia, that plaint A schedule item No.1 property is now landlocked and only possible means to access the said property is through B schedule road acquired by the Government for constructing the new road to the 'C' schedule municipal auditorium.

(3.) Raising this contention, the plaintiff filed O.S.No.856 of 2020 before the Munsiff Court, Perumbavoor along with petition - I.A.No.2/2020, seeking temporary prohibitory injunction restraining the Municipality from constructing an arch on the northern side of plaint B schedule blocking free access of the plaintiff through B schedule road and also from enclosing and walling up the B schedule way by constructing Iron Railing and fencing the same.