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1984 Supreme(Ker) 195

BALAKRISHNA MENON
GODAVARI BHAI – Appellant
Versus
CANNANORE MUNICIPALITY – Respondent


Judgment :-

1. This second appeal at the instance of the plaintiff is admitted on the following questions of law formulated in the memorandum of second appeal:

"(i) Whether, under the Kerala Municipalities Act. the Municipality derives any power or authority to construct, for being let out for trade. Bunks on road-margins;

(ii) Whether the Municipality is empowered to put up structures on public highway, which are not necessary for the maintenance or user of the road as a public highway;

(iii) Whether the legal rights of the plaintiff are not infringed by the action of the Municipality in putting up Bunks in front of her property, adjoining, and parallel to her compound wall,"

2. The plaintiff is the owner in possession of the suit property adjoining a public road, namely the Civil Station Road in Cannanore town. She has her residential house in the suit property besides some lorry sheds on the side of the road. The plaintiff intends to construct buildings in her compound with direct access to the public road and she has obtained Ext. A3 permission from Municipality for such construction. Exts. A4 and A5 are the approved plans. The defendant is the Cannanore Municipal Council, represen


































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