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2023 Supreme(Ker) 389

T. R. RAVI
Afsath C. , D/o. Chandrankandi Mariyumma – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : C.P.PEETHAMBARAN, KARTHIKA PEETHAMBARAN
For the Respondent: SRI.BIMAL K.NATH, SR.GOVT.PLEADER

JUDGMENT :

The petitioners are the daughters of one Mariyumma, who owned properties in Re.Sy.No.194/2 & 194/105 of Pinarayi Amsom. The properties were assigned to the petitioners by the said Mariyumma. There are residential buildings situated in the properties of both the petitioners and they have been numbered as 18/325 and 18/394 by the Pinarayi Grama Panchayat. On the southern side of the properties, there is a road and a bridge. The road on the southern side was at the same level of the courtyard of the properties. According to the petitioners, the respondents propose to construct a new bridge and an approach road by retaining the old bridge in the same position with a height of 5 meters above the existing road. The writ petition was filed alleging that the property on one side of the road alone is being acquired for the purpose of development, due to political influence. It is stated that if the proposed construction is started, the petitioners will have no front-yard and access to their houses and their residential building will be under the level of the bridge, which is proposed to be constructed. Ext.P4 is the copy of the notification published in the Gazette on 01.02.2022 p

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