Appellants filed a writ appeal challenging the dismissal of their writ petition against a Revenue Divisional Officer's order permitting public pathway use. The Court dismissed the appeal, reiterating the Single Judge's finding that RDO lacks jurisdiction without a finding of public pathway existence.
Damnon for the State
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 5TH DAY OF FEBRUARY 2016/16TH MAGHA, 1937
WA.No. 242 of 2016 IN WP(C).31790/2015
AGAINST THE JUDGMENT IN WP(C) 31790/2015 DATED 22-01-2016
APPELLANTS/PEITIIONERS :
BY ADV. SRI.P.M.HABEEB
RESPONDENTS/RESPONDENTS :
WA.No. 242 of 2016 IN WP(C).31790/2015
R1 TO R4 BY SPL.GOVERNMENT PLEADER, SMT.GIRIJA GOPAL. R5 TO R7 BY SRI.P.VENUGOPAL (1086/92)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
W.A. No. 242 OF 2016
JUDGMENT
Shaffique, J.
Heard learned counsel for the appellants and learned counsel appearing for the private respondents. This appeal has been filed by the petitioner in W.P.(C) No.31790 of 2015 challenging the judgment dated 22.01.2016.
Divisional Officer can interfere in the matter only if the
W.A. No. 242 of 2016
-:2:-
jurisdictional fact, i.e. the existence of public pathway is found. Hence the writ petition was disposed of setting aside Ext.P5 order and the matter has been remitted back to the Revenue Divisional Officer to consider it afresh after hearing the affected parties.
W.A. No. 242 of 2016
-:3:-
Revenue Divisional Officer has to first consider the maintainability of the complaint and unless it is found out that it is a public
pathway, such jurisdiction cannot be exercised.
With the above observation the Writ Appeal is
dismissed.
Sd/- Ashok Bhushan, Chief Justice.
Sd/- A.M. Shaffique, Judge.
ttb/05/02
Muhammed
Aboobacker
State of Kerala
Revenue Divisional Officer (Sub Divisional Magistrate) Tirur
Tahsildar Kondotty Taluk
Village Officer Pulickal
Ashok Bhushan
A.M. Shaaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
