HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) ALL the petitioners are residing close to the Thirunnavaya Railway Station. Petitioners 1, 2 and 4 are residing in Thirunnavaya Panchayat and the 3rd petitioner is residing in Kuttippuram Panchayat. It is stated that they are having properties with dwelling houses or shops in various survey numbers shown in paragraph No.1 of the Writ Petition.

(2.) THE properties are situated on the northern side of the Thirunnavaya Railway Station. The petitioners claim that there is a passage having a width of 25 feet and a length of 250 metres belonging to the Railway, which is being used by the petitioners and their predecessors for the last 90 years. But recently, the Railways have started construction of a compound wall having huge height and it is submitted that it will completely block the passage and access through it. The same is being effected by the Railway in connection with the work of goods yard. The petitioners thereafter filed a representation as per Exhibit P2 before the Revenue Divisional Officer.

(3.) THE 4th respondent has filed a counter affidavit in the matter. In paragraph No.5, various aspects regarding the construction have been explained. It is stated that steps are being taken to have a drainage also. Therefore the respondents are taking the stand that the complaint of the petitioners is not correct.