IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA,
1943
WP(C) NO. 1569 OF 2021
PETITIONER/S:
1 SELVARAJ
AGED 51 YEARS
S/O. MARANNA KAUNDER, VANNANTHURA, KOTTATHARA
P.O, ATTAPPADY, PALAKKAD-678 581
2 PADMAVATHY
AGED 41 YEARS
W/O SELVARAJ,
VANNANTHURA,KOTTATHARA (PO),
ATTAPPADY,
PALAKKAD - 678 581
BY ADV U.BALAGANGADHARAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE LAND REVENUE COMMISSIONER,
THIRUVANANTHAPURAM-695 001
3 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, PALAKKAD-678 001
4 SUB COLLECTOR,
OFFICE OF THE SUB COLLECTOR, OTTAPALAM,
PALAKKAD-679 101
5 THE TAHSILDAR,
OFFICE OF THE TAHSILDAR, MANNARKKAD TALUK,
PALAKKAD-678 582
WPC 1569/2021
2
6 THE VILLAGE OFFICER,
KOTTATHARA, KOTTATHARA P.O, ATTAPADY,
PALAKKAD-678 581
7 PADUKKADAN,
S/O. PERUMAL, VANNANTHURA, KOTTATHARA P.O,
ATTAPPADY, PALAKKAD-678 581
OTHER PRESENT:
SMT. AMMINIKUTTY - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC 1569/2021
3
DEVAN RAMACHANDRAN, J.
------------------------
WP(C) No.1569 of 2021
----------------------------------
Dated, this the 24th day of September, 2021
JUDGMENT
The petitioners have approached this Court impugning Ext.P7 order of the fourth respondent - Sub Collector.
2. However, when this matter was called today, the learned Senior Government Pleader - Smt.K.Amminikutty, submitted that though Ext.P7 was issued by the Sub Collector in his capacity as the Nodal Officer for Protection of Welfare of Scheduled Castes and Scheduled Tribes, as also the Maintenance Tribunal under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, it has been subsequently withdrawn by him, because it was found that the seventh respondent has an alternate road through the southern side of his property. She submitted that, therefore, if the seventh respondent requires his easment right over the WPC 1569/2021 4 property in question to be established, he will have to approach the competent Civil Court.
3. Since Ext.P7, which is the impugned order, has been stated as afore to have been withdrawn, I allow this writ petition, recording the same.
4. Needless to say, nothing contained in this judgment will impede or trammel the right of the seventh respondent to establish his right over the property in question - either as an easement or otherwise - through a competent Court.
It goes without saying that, consequent to my afore directions, Ext.P10 order of the District Collector, confirming Ext.P7 order, will also stand set aside.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN, JUDGE jg WPC 1569/2021 5 APPENDIX OF WP(C) 1569/2021 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE SETTLEMENT DEED NO.
1012/18 OF THE SRO, AGALI DATED 26.09.2018.
EXHIBIT P2 A TRUE COPY OF THE DOCUMENT NO.
931/2006 OF THE SRO, AGALI DATED 10.07.2006.
EXHIBIT P3 A TRUE COPY OF THE SKETCH PREPARED BY THE VILLAGE OFFICER.
EXHIBIT P4 A TRUE COPY OF THE REPORT DATED 20.12.2019 OF THE SIXTH RESPONDENT VILLAGE OFFICER.
EXHIBIT P5 A TRUE COPY OF THE STATEMENT DATED 28.12.2019 GIVEN BY THE PETITIONERS TO THE FOURTH RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE REPORT DATED 13.01.2020 OF THE SIXTH RESPONDENT RECEIVED UNDER RTI ACT.
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 19.05.2020 OF THE FOURTH RESPONDENT. EXHIBIT P8 A TRUE COPY OF THE STATEMENT DATED 08.06.2020 SUBMITTED BY THE PETITIONERS.
EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION/APPEAL DATED 10.08.2020 SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT.
EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 13.11.2020 OF THE THIRD RESPONDENT.