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2018 Supreme(Ker) 1503

P.R.RAMACHANDRA MENON, N.ANIL KUMAR
Chandramohan – Appellant
Versus
Sub Inspector of Police – Respondent


Advocates Appeared:
For the Petitioner: V. Renjith Kumar & S. Jayakumar (Panambil)
For the Respondent: M.R. Sasith, N.P. Pradeep & P.P. Thajudeen

JUDGMENT :

N. Anilkumar, J.

The question arising for consideration in this case is as to whether the owner in possession of a shop-room adjoining the highway has a right to go upon the highway from any point from his shop room, especially when there is a public pathway; and if that right is obstructed by anyone, the owner in possession of the shoproom abutting the highway is entitled to maintain an action for the injury, no matter whether the obstruction does or does not constitute a public nuisance.

2. The petitioner has been running a jewellery shop under the name and style 'Chinchilam Jewellers' for the last more than four years at Odanavattom Junction by the side of Kottarakkara Ayur Road in Kollam District. The said jewellery shop has been functioning in a building bearing Door No.XVI/169 and 170 of Veliyam Grama Panchyath as per Ext.Pl licence issued in accordance with rules. Apart from the petitioner, there are two employees in the aforesaid shop room and the annual average income from sales per day is Rupees One Lakh. Feeling aggrieved by the unauthorised parking of taxi cabs in front of the jewellery shop of the petitioner virtually blocking free ingress and egress to the sho






















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