IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 27^TH DAY OF MAY 2025 / 6TH JYAISHTA, 1947 WP(C) NO. 33597 OF 2024 PETITIONER: P.P. MATHEW AGED 61 YEARS S/O P.C. PAILO, VATTAKUNNEL PULICKAL HOUSE, MUTTAMBALAM, KOTTAYAM, RESIDING AT VATTAKUNNEL PULICKEL, 11TH, GIRINAGAR, KADAVANTHARA, KOCHI, PIN - 682020 BY ADVS.

C.S.MANILAL S.NIDHEESH RESPONDENTS:

1 THE DIVISIONAL RAILWAY MANAGER(WORKS), DIVISIONAL OFFICE, SOUTHERN RAILWAY, TRIVANDRUM, PIN - 695014

2 THE SENIOR SECTION ENGINEER OFFICE OF THE SENIOR SECTION ENGINEER, SOUTHERN RAILWAY, KOTTAYAM, PIN - 686001

3 ASSISTANT DIVISIONAL ENGINEER, SOUTHERN RAILWAY, ERNAKULAM, PIN - 682016

4 SENIOR DIVISIONAL ENGINEER CO-ORDINATION, SOUTHERN RAILWAY TRIVANDRUM DIVISION, DIVISIONAL OFFICE, THYCAUD, TRIVANDRUM, PIN - 695014

5 SENIOR DIVISIONAL ENGINEER(WORKS), SOUTHERN RAILWAY TRIVANDRUM DIVISION, DIVISIONAL OFFICE, THYCAUD, TRIVANDRUM, PIN - 695014 BY ADV K.R. RAJKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.05.2025, THE COURT ON 27.05.2025 DELIVERED THE FOLLOWING:

N. NAGARESH, J.

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W.P.(C) No.33597 of 2024 `````````````````````````````````````````````````````````````

Dated this the 27<sup>th</sup> day of May, 2025

J U D G M E N T

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The petitioner, who is owner and possesser of 10.38 Ares of property in Re-survey Nos.25 and 25/1 of Muttambalam Village, seeks to direct the respondents to see that access to the property of the petitioner is ensured removing the blockade created by the construction of 8 cement pillars / protection guide blocks in front of the property of the petitioner.

2. The Railway decided to close the level cross and to construct an underpass on a municipal road adjacent to the property of the petitioner. The respondents acquired property on the southern side of the municipal road. An extent of 1.08 Ares (2.67 Cents) of the petitioner was acquired. After acquisition, the respondents constructed an underpass through the acquired land.

3. The petitioner states that before the acquisition, the petitioner had direct access to the said municipal road from his property. After the acquisition of the underpass, the access can be only through the newly constructed road portion. After the construction, the petitioner was entering into his property from the said road. In the absence of the petitioner and his family, the respondents obstructed and prevented the petitioner's access to public road by constructing 8 cement pillars /

protection guide blocks.

4. The petitioner made Ext.P3 request to the

1<sup>st</sup> respondent seeking to remove the obstruction and permit the petitioner to have access to the public road. The 2<sup>nd</sup> respondent conducted an inspection and recommended that access be granted to the petitioner on condition that no obstruction should be caused to the free passage of the vehicles through the road.

5. The 1<sup>st</sup> respondent rejected the request of the petitioner as per Ext.P7 communication. The petitioner challenged Ext.P7 filing W.P.(C) No.36433/2023. This Court held that new underpass is virtually a public road and access cannot be denied to the petitioner. The 4<sup>th</sup> respondent was directed to reconsider the entire matter. The 5<sup>th</sup> respondent thereupon passed Ext.P9 order stating that the land of the petitioner is situated in a lower level. In Ext.P9, the respondents have added additional reasons to deny access.

6. The petitioner argued that Ext.P9 is illegal and unsustainable and the reasons stated therein are unreal. The denial of access to the public highway as per Ext.P9 is illegal and arbitrary. The owner of a property on the side of a highway or public road has a natural right to have access at every point in the highway without any hindrance. Ext.P9 is therefore liable to be set aside. 7. The respondents resisted the writ petition.

The respondents stated that the property of the petitioner has no direct access to the road leading to the subway. The petition