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2019 Supreme(Ker) 531

ANIL K.NARENDRAN
Philip P Mathew – Appellant
Versus
Regional Transport Authority Represented By Regional Transport Officer, Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.Noble Mathew
For the Respondent: Smt Mable C.Kurien, Sri.C.V.Manuvilsan

JUDGMENT :

1. The 1st petitioner is the owner of building bearing No.13/508 and the 2nd petitioner is the owner of building bearing No.13/507 on the side of the Irumpanam Refinery Main Road, which is maintained by the Public Works Department. The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to fix No parking board in front of their compound wall and to take appropriate action against the illegal encroachers and also to ensure that there is no parking of any vehicle for a stretch of 30 meters in front of their houses. The petitioners have also sought for a writ of mandamus commanding the respondents to remove all obstructions for their ingress and egress and their vehicles to their houses.

2. On 09.01.2019, when this writ petition came up for admission, the learned Senior Government Pleader took notice for respondents 1 to 3 and 6. This Court issued urgent notice by speed post to respondents 4 and 5 returnable within two weeks. The learned Senior Government Pleader was directed to get instructions.

3. A counter affidavit has been filed by the 3rd respondent. Paragraphs 5 and 6 of the said

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