JOHN MATHEW Vs. KUMARAKOM GRAMA PANCHAYATH

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P5 communication issued by the 3rd respondent, directing the petitioner to demolish a bridge constructed by the petitioner, since it was in violation of the provisions of the Highway Protection Act, and seeking other consequential reliefs. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is having an extent of 47 cents of property situated on the southern side of Kumarakom-Nazreth Church road. In between the said road and the petitioner's property, there is a stream. Petitioner, for the purpose of having a vehicular access to the said property, sought permission of the 1st respondent Grama Panchayat, which was granted as per Exts.P2 and P3 approved plan.

(3.) The 6th respondent, who is residing further north of the petitioner's property also is having a separate access to his property, demanded a road through the petitioner's property, which was declined by the petitioner. Thereafter, it appears, some complaints were filed before the Irrigation Department and the PWD Department, which is maintaining the road against the construction of the bridge carried out by the petitioner.