LAWS(KER)-2019-7-229

YOOSAF Vs. STATE OF KERALA

Decided On July 10, 2019
Yoosaf Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioners, who are stated to be the absolute owners of 3.5027 Ares of property in Sy.No. 67/1 of Pattambi Village, covered by Ext.P1 sale deed No. 1749/2004 of the Sub Registrar Office, Pattambi and Ext.P2 basic tax receipt dated 16.05.2019, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 3 and 4 to remove the bus shelter constructed in front of their building (Kairali Tower), on the side of Pattambi-Palakkad PWD road, with the assistance of the fifth respondent Circle Inspector of Police.

(2.) On 12.06.2019, when this writ petition came up for admission, the learned Government Pleader took notice on admission for respondents 1, 2 and 5 to 7. Urgent notice on admission by special messenger was ordered to respondents 3 and 4, returnable by 19.06.2019. The learned Government Pleader was directed to get instructions from the fifth respondent, with a specific reference to Ext.P17 photograph of the bus shelter placed on record.

(3.) A statement has been filed on behalf of the fifth respondent, wherein, it has been stated that the construction of the bus shelter was done in public interest, by the public. Considering the advantage of the passengers, the Traffic Police, Pattambi did not obstruct the construction of the bus shelter. Pattambi Municipality and the PWD authorities have also not opposed the construction of the bus shelter. In order to show that the bus shelter in question does not cause any obstruction to the pedestrians, the fifth respondent has produced Annexure R5(a) series of photographs.