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2020 Supreme(Ker) 753

P.B.SURESH KUMAR
Ummaya Hamza – Appellant
Versus
Calicut Corporation, Rep. By Its Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Nirmal. S, Smt. Veena Hari, Advs.
For the Respondent: Sri. G. Santhosh Kumar, SC

JUDGMENT :

Petitioner is running a restaurant within the limits of Kozhikode Municipal Corporation (the Corporation). The restaurant of the petitioner is situated on the southern side of Mavoor road. On the west of the restaurant of the petitioner, there is a multi-speciality hospital. In the year 2000, the Public Works Department of the State Government decided to raise the height of the footpaths on either side of Mavoor road, and when the said work was commenced, the predecessor of the petitioner approached this Court in O.P.No.4535 of 2000 alleging that if the work proposed by the Public Works Department is carried out, the same would affect the rights of ingress and egress in respect of the land where the restaurant building is situated. This Court disposed of the said writ petition in terms of Ext.P2 judgment permitting the petitioner to lay slanting slabs for vehicular access to and from the land where the restaurant building is situated. After about 20 years, during 2020, the Corporation has decided to reconstruct the public drains and footpaths on either side of Mavoor road. When the said work has commenced, the petitioner approached this Court in W.P.(C) No.12285 of 2020 a

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