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1996 Supreme(Ker) 260

K.S.RADHAKRISHNAN
Joseph – Appellant
Versus
District Magistrate – Respondent


Judgment :-

K.S. Radhakrishnan, J.

An interference with the private right of an owner of land adjoining the national highway has given rise to this Petition. Petitioner is the proprietor of an engineering workshop situated on the side of the national highway. He has been conducting business for the last 30 years. He is mainly engaged in the manufacture of Iron Gate, grill, etc. Workshop has got a main road frontage of 35 feet facing the highway. Raw materials are brought in autorikshaws, hand carts, tempo, van, etc. and the finished products such as gate, grill, etc., are removed from the workshop in those vehicles.

2. Petitioner is aggrieved by the unauthorised parking of taxi cars in front of his workshop and on the side of the national highway, causing obstruction to his business. He and his customers are unable to bring vehicles in front of the workshop to load and unload materials. Petitioner submits due to obstruction he has to make a detour to reach his premises and it causes considerable inconvenience. Petitioner submits he has got a fundamental right to do business guaranteed under Art.19(1)(g) of the Constitution of India without any obstruction to his private right or acce













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