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2024 Supreme(Ker) 536

M. A. ABDUL HAKHIM
Elsy Abraham, W/o. Abraham – Appellant
Versus
State of Kerala, Represented by Its Secretary, LSGD, Secretariat, Trivandrum – Respondent


Advocates Appeared:
For the Petitioner: Peeyus A. Kottam, Shri. Hrithwik D. Namboothiri.
For the Respondent: Sri. P.C. Haridas, P.K. Soyuz, Sri. Jelson J. Edampadam, Sri. Bimal K. Nath-SR.GP.

JUDGMENT :

1. The petitioner is the owner in possession of 1 Acre 40 cents of property abutting Punaloor-Muvattupuzha State Highway which runs through the eastern boundary of the petitioner's property.

2. The case of the petitioner is that on realignment of the original road for avoiding the curve in front of the petitioner’s property, the road was pushed towards the eastern side and the land through which the original road was passing is kept unused; and that the petitioner has road frontage extensively on its eastern side to the existing State Highway through the said unused land. The grievance of the petitioner is that the 2nd and 3rd respondents are attempting to utilise the said unused land in front of her property for constructing a Hotel-Cum-Public-Latrine-Complex. According to the petitioner if such a complex is constructed, her access to the Highway will be lost which is clearly impermissible in law as she has got the right of access on all points of her property touch the highway in view of the settled position of law. When the petitioner and her neighbours came to know that the 2nd and 3rd respondent are attempting to construct the said Hotel-Cum-Public-Latrine-Complex in

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