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2019 Supreme(Online)(KER) 30631

HIGH COURT OF KERALA
SHAJI P.CHALY, J
MANIMEKALA – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

This writ petition is filed by the petitioner seeking direction to take effective and immediate steps to demolish the illegal construction carried out by respondents 7 and 8 on the public road, and to recover the property from the said respondents. Brief material facts for the disposal of the writ petition are as follows:

2. Respondents 7 and 8 are wife and husband respectively, and the 7th respondent is running an institution by name and style 'Minakam Home Nursing', Chenthi Junction, Pongumood, Thiruvananthapuram, which is a busy junction with a bus stop. According to the petitioner, 7th respondent encroached into a major portion of the public property and constructed a building. A portion of the building was let out to an advocate office and the other portion is used by respondents 7 and 8. Apart from the same, respondents 7 and 8 are having two storied building near the junction and close to the encroached property. According to the petitioner, the illegal construction carried out by respondents 7 and 8 is causing hindrance and obstruction to the public to board and alight from the buses. So also, due to the illegal construction, the said junction has become an accident

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