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2013 Supreme(Online)(KER) 20633

HIGH COURT OF KERALA
K.M.JOSEPH, K.RAMAKRISHNAN, JJ
A C VINOD – Appellant
Versus
ARAYAKANDI SALEEM – Respondent


JUDGMENT

K.M. Joseph, J.

Petitioner has approached this Court seeking the following reliefs:

“a) Issue a writ of mandamus or any appropriate writ, order or direction, directing the respondents 2, 3 and 4 to provide adequate protection to use the motorable road to the residence of the petitioner without any interference of the 5th respondent and his men.

b) Issue a writ of mandamus to the respondents 1 to 4 to implement Ext.P5 Judgment.”

2. Briefly put, the case of the petitioner is as follows:

Petitioner is residing in the address mentioned in the Writ Petition. On the southern side of the residential plot of the petitioner, there is a mud road having a width of 3 metres and length of 60 metres and it is a motorable road. The fifth WP(C).NO.9616/13B 2 respondent is residing on the southern side of the property of the petitioner and the above said road. The property of the 5th respondent is situated about 6 feet height from the above road and the property of the petitioner. This road is the only access to the property of the petitioner. Petitioner has been using his car through the above road to his residence. The above road is situated west to east and starts from western side from Mulla

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