ELSY ABRAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the owner in possession of 1 Acre 40 cents of property abutting Punaloor-Muvattupuzha State Highway which runs through the eastern boundary of the petitioner's property.

(2.) The case of the petitioner is that on realignment of the original road for avoiding the curve in front of the petitioner's property, the road was pushed towards the eastern side and the land through which the original road was passing is kept unused; and that the petitioner has road frontage extensively on its eastern side to the existing State Highway thorough the said unused land. The grievance of the petitioner is that the 2 nd and 3rd respondents are attempting to utilise the said unused land in front of her property for constructing a Hotel-Cum-Public- Latrine-Complex. According to the petitioner if such a complex is constructed, her access to the Highway will be lost which is clearly impermissible in law as she has got the right of access on all points of her property touch the highway in view of the settled position of law. When the petitioner and her neighbours came to know that the 2nd and 3rd respondent are attempting to construct the said Hotel-Cum-Public-Latrine-Complex in the said unused land, the husband of the petitioner, along with other persons submitted representations stating their grievances and objections before the 2 nd and 3rd respondents, they are proceeding to construct the said Hotel-Cum-Public- Latrine-Complex without considering those representations.

(3.) The petitioner filed this writ petition seeking direction to the respondents 2 to 4 not to proceed with the construction of the said Hotel-Cum-Public-Latrine-Complex before taking any decision on the representation submitted and in such a way denying the petitioner's right to have access to the State Highway from her property.