P.J. JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) According to petitioners, petitioners are using a way as per Government Order issued earlier with respect to Athirungal-Pothupara road, having 25 meters length and 4 meters width, which is also used by the public. Ext.P2 Government Order was issued on 18.3.2003 and based on the same, predecessors in interest of the property got permission to use the road, and the same road is being used by the petitioners after the purchase of the property. According to petitioners, petitioners are entitled as of right to use the very same road covered by Ext.P2, which is put in to use not only by the petitioners but also by the general public.

(2.) However, at present, respondents are not permitting the petitioners to use the road specified above for the ingress and egress to the property. Thus, petitioners have submitted Ext.P12 representation before the first respondent seeking to ventilate their grievances. According to petitioners, Ext.P8 consent is issued by the Pollution Control Board and Ext.P11 Location Sketch is issued by the Thahsildhar, Taluk Office, Konni. Therefore, the contention of the petitioners is that, they are entitled to use the road as per Ext.P2 permit, without any manner of obstruction created by the respondents. It is in this background seeking appropriate direction, this writ petition is filed.

(3.) Heard learned counsel for the petitioners, learned Special Government Pleader and perused the documents on record and pleadings put forth.