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2019 Supreme(Ker) 669

ANIL K.NARENDRAN
P. D. Mathew – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : Sri.V.Rajendran (Perumbavoor) Sri.N.Rajesh
For the Respondent: Sri.Georgekutty Mathew, SC, Erattupetta Municipality Sri Manu Raj K.J Government Pleader

JUDGMENT :

1. The petitioner is the owner of 9.75 ares of property covered by sale deed No.1133/67 dated 28.04.1967 of the SRO, Poonjar, and Ext.P1 tax receipt dated 06.07.2017. The petitioner constructed a three-storied building in the said property, which has been assigned with building Nos.III/487, 488, 489, 490, 491, 492, 493, 494, 495 and 496 of Erattupetta Municipality and the same is let out to tenants. The ground floor of the building is occupied by a photo studio, stationery shop, tailoring shop, jewellery, gas stove company and an eye clinic. The first floor is occupied by Kottayam District Co-operative Bank and the second floor is occupied by Agricultural Development Bank and an Advocate Office. The building is abutting Erattupetta -Pala Road on the south and Erattupetta -Thodupuzha Road on the east. The petitioner constructed the building after leaving sufficient parking space on both sides, for the vehicles of the tenants and their customers.

2. The grievance of the petitioner is that pickup jeeps, autorickshaws, etc. are being parked in front of the building, blocking ingress and egress of the tenants and their customers. In order to substantiate the said fact, the peti

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