JUDGMENT

This writ petition is filed seeking direction to respondents 1 and 2 to restrain them from constructing any structure in between the shop rooms owned by the petitioner and the tarred road situated in front of the said shop rooms, in a manner causing obstruction to the access to the shops from the public road. Inter alia the petitioner is also seeking to demolish the illegal construction carried on by respondents 1 and 2. Allegation of the petitioner is that he had constructed the shop building after leaving 3 meters set back from the boundary of the public road and that the 1st respondent Panchayat is now constructing the Bus shelter encroaching into the property of the petitioner.

2. In the counter affidavit filed by respondents 1 and 2 it is mentioned that the Bus shelter in question is constructed in the road puramboke situated in front of the shop of the petitioner, having an extent of 27.35 Ares comprised in Sy. No. 137 Block No. 39 of Chadayamangalam Village. The allegation regarding encroaching in to the property of the petitioner is stoutly denied. In support of the above contention the respondents have produced Exhibit R1(b) letter issued by the Village Officer, R1