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2025 Supreme(Online)(Ker) 16427

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Murali Purushothaman, J
K.J.JAMES – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
P.K.SURESH KUMAR (SR.), K.P.SUDHEER, ANJALI MENON, SMT. N.SUDHA DEVI - SPL.GP, SRI. M.S.IMTHIYAZ AHAMMED - SC, RAILWAYS, SRI. BINU MATHEW, SRI. K.V.MANOJ KUMAR, JUSTIN JACOB - SC, SRI. N.S.DAYA SINDHU, SHREE HARI, SMT. RESMITHA.R.CHANDRAN

JUDGMENT

The petitioners are residents of Kuruppanthara in the Kottayam District. According to them, a Railway Over Bridge (ROB) was constructed in Kuruppanthara in 2017 on the Muttuchira-Kuruppanthara Road by demolishing the old bridge and incurring a significant expense. Now, steps are being taken to construct a new ROB just 200 meters away from the one built in 2017 causing severe hardships to several people including the petitioners, such as the loss of residence, property, and business. It is stated that there is one more over bridge on the other side within a distance of 1 kilometer and that, by the construction of the new ROB, the first petitioner and his family would be deprived of a property having an extent of 0.0228 Ares in Sy. No. 199/11 and 12 with a portion of their residential property and the second petitioner would be deprived of 0.0050 Ares of land in Sy. No.711/9 and his residence.

2. According to the petitioners, construction of a new ROB within a distance of 200 meters of the existing one is totally irrational and driven by ulterior motives. It is contended that the acquisition of land for the construction of the new ROB does not conform to the statutory pre

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