K.S. ABDUL KAREEM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in W.P.(C)No.33526/17 is the appellant. The writ petition was filed seeking a declaration that the respondents have no right or authority to block the road known as 'Sri Bhagavati Temple Road' leading to Ext.P1 property of the petitioner from Naduvattom - Kalady Plantation Road and also to direct the aforesaid respondents not to block the road in any manner. The writ petition having been dismissed, this appeal is filed.

(2.) We heard the learned Senior Counsel appearing for the appellant and the learned Government Pleader appearing for respondents 1 to 5.

(3.) While it is the case of the learned Senior Counsel for the appellant that the road starting from Naduvattom - Kalady Plantation Road though passing through a teak plantation under the respondents, it was being used right from the establishment of the crusher unit in his property and all of a sudden, the said road was blocked by the respondents without any authority. According to the learned Senior Counsel, this being the only access to his property and having regard to the provisions contained in Rule 24 of the Kerala Forest Act, 1961 action of the respondents being illegal, learned Single Judge ought to have granted the reliefs sought for in the writ petition. He further argued that even if it is assumed that the learned Single Judge was right in his conclusion that the remedy of the appellant lies before the civil court, having regard to the continued usage of the road by the appellant the learned Single Judge ought to have permitted the appellant to use the road for transportation of the materials from his crusher unit, until a suit is filed and an interim order is obtained.