CHINNADASALIAS AUGUSTINE Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is a resident of Thirumuppam side of Arattukadavu Kottuvally where a new bridge has been constructed. According to the petitioner the respondents have altered the original alignment of the road and constructed a bridge converting the existing road as approach road to the bridge. It is stated that in that process petitioner lost access to the main road from his property which was having full road frontage. The main complaint of the petitioner is that new approach road is situated in a high altitude as compared to his property. When the matter came up for orders before this court on 28.2.2012 this court passed an interim order as follows; "The counsel for the petitioner submits that because of the height of the approach road from the petitioner's house, even if the petitioner surrenders property it may not be physically practical for constructing a motorable road form the approach road to the petitioner's house. Therefore he submits that the feasibility of providing steps from the petitioner's property to th approach road may be explored. Government Pleader shall get instructions in respect of the same."

(2.) IN pursuance to this order Government Pleader has obtained instructions and it is submitted today that the respondents are willing to construct steps from the petitioner's property to the main road situated on the higher level provided the petitioner surrender the required extent of land. When this submission was made the counsel for the petitioner categorically submitted that he is willing to surrender the required extent of land.