Petitioner challenged encroachment by private respondents on a pathway, seeking a direction to the Revenue Divisional Officer. Court held dispute concerns pathway width, not public status, barring writ jurisdiction and directing petitioner to approach Civil Court.
Petitioner free to approach Civil Court for appropriate relief.
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WP(C).No.27192 OF 2020(Y)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 07TH DAY OF DECEMBER 2020 / 16TH AGRAHAYANA, 1942
WP(C).No.27192 OF 2020(Y)
PETITIONER/S:
SWAMINATHAN
AGED 67 YEARS
S/O.PAZHANI, HOUSE, NO.8/130 (OLD), KUZHALOTTU PARAMBIL, ELAPPULLY GRAMA PANCHAYATH, PALLATHERIYIL, PALLATHERI AMSOM DESOM, PALAKKAD DISTRICT, PIN 678 622
BY ADV. SRI.NIREESH MATHEW
RESPONDENT/S:
1 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001
2 THE DISTRICT COLLECTOR COLLECTORATE, PALAKKAD, PIN 678 001
OTHER PRESENT:
SMT.VINITHA.B ,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27192 OF 2020(Y)
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JUDGMENT
Dated this the 7th day of December 2020
The Writ Petition is filed aggrieved by the encroachment made by respondents 5 and 6 to an alleged pathway which the petitioner is using. Though the petitioner seeks a direction to the 2nd respondent to consider his representation on the basis of the report Ext.P1 stated to have been submitted before the Revenue Divisional Officer nowhere it is seen stated therein that the pathway is a public pathway. Even otherwise it is seen that the dispute is regarding the width of the pathway which is alleged to have been encroached by respondents 5 and 6. Therefore, the petitioner would be free to approach the Civil Court for appropriate relief. Accordingly, the Writ Petition is dismissed with liberty to the petitioner to approach the Civil Court.
Sd/-
P.V.ASHA
JUDGE
rkc
WP(C).No.27192 OF 2020(Y)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT DATED 2.12.2013 EXHIBIT P2 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 3.11.2020
1 issue framed by the court
Whether the High Court should entertain a writ petition regarding an alleged encroachment on a pathway which the petitioner claims is public.
SWAMINATHAN
STATE OF KERALA
THE DISTRICT COLLECTOR COLLECTORATE, PALAKKAD
THE REVENUE DIVISIONAL OFFICER PALAKKAD
THE VILLAGE OFFICER, ELAPPULLY - II VILLAGE, PALAKKAD DISTRICT
VELAYUDHAN
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
