SWAMINATHAN v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE SMT. JUSTICE P.V.ASHA
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-07. SWAMINATHAN v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
WP(C). No. 27192 OF 2020(Y) 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 3 THE REVENUE DIVISIONAL OFFICER PALAKKAD, PIN 678 001 4 THE VILLAGE OFFICER, ELAPPULLY - II VILLAGE, PALAKKAD DISTRICT, PIN 678 001 5 VELAYUDHAN, S/O. IDUMBAN, HOUSE NO. 8/129 (OLD), KUZHALOTTUPARAMBU, ELAPPULLY GRAMA PANCHAYATH, PALLATHERIYIL, PALLATHERI AMSOM DESOM, PALAKKAD DISTRICT, PIN 678 622 6 SIVAN, S/O. IDUMBAN, HOUSE NO.
8/129 (OLD), KUZHALOTTUPARAMBU, ELAPPULLY GRAMA PANCHAYATH, PALLATHERIYIL, PALLATHERI AMSOM DESOM, PALAKKAD DISTRICT, PIN 678 622 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) JUDGMENT th Dated this the 7 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 nd the 2 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 rkc JUDGE WP(C). No. 27192 OF 2020(Y) 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
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.