Selvaraj vs State Of Kerala
2021 Latest Caselaw 20090 Ker

          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

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

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.