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2015 Supreme(Ker) 165

DAMA SESHADRI NAIDU
A. Dinesan – Appellant
Versus
Vettom Grama Panchayath, Represented By Its Secretary – Respondent


Advocates Appeared:
For the Petitioner:Siraj Karoly, A. Seena, Advocates.
For the Respondents:R1, C.M. Mohammed Iquabal, M.H. Bindu, Advocates, R2, R3 & R6 to R8, Justin Jacob, Govt. Pleader, R4 & R5, M.P. Sreekrishnan, SC.

Judgment

Dama Seshadri Naidu, J.

1. The issue raised in this writ petition is whether the road leading to the fourth respondent Temple, passing by the house of the petitioner, belongs to the fourth respondent Temple or the Grama Panchayat. Secondly, can the arch put up by the fourth and fifth respondents on the road, assuming the road to belong to the temple, be justified in the absence of any valid building permission from the Grama Panchayat or from the District Collector, if the structure has any religious relevance?

2. The petitioner, a resident of the first respondent Grama Panchayat, is a person, according to the learned counsel for the petitioner, professing faith in the Hindu religion. In front of his house, beginning at the junction of the public road leading up to the Temple and beyond, with a width of six meters on an average and 0.47 Kms up to the Temple, is a public road, which vests in the first respondent Grama Panchayat. The grievance of the petitioner is that without any manner of right or justification, the fourth and fifth respondents began raising an arch constricting the passage to four meters from eight meters, as seen from Exhibit P1 set of photographs.

3. Alarm






















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