Asokan.K vs The Revenue Divisional Officer
2022 Latest Caselaw 7436 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                        WP(C) NO. 15203 OF 2022
PETITIONER/S:

           ASOKAN.K
           AGED 63 YEARS
           S/O. KELAPPAN,
           KIZHAKKEYIL HOUSE,
           KUNNUMMAL AMSOM DESOM, VATAKARA,
           KOZHIKODE DISTRICT
           , PIN - 673507
           BY ADV R.K.MURALEEDHARAN


RESPONDENT/S:

    1      THE REVENUE DIVISIONAL OFFICER
           OFFICE OF THE REVENUE DIVISIONAL OFFICER,
           VATAKARA, KOZHIKODE DISTRICT
           , PIN - 673101
    2      THE VILLAGE OFFICER,KUNNUMMAL VILLAGE OFFICE,
           VATAKARA, KOZHIKODE DISTRICT
           , PIN - 673507
    3      BABURAJ K.P., S/O. BALAKRISHNAN, AMALAKULANGARA,
           KUNNUMMAL AMSOM, VATTOLI DESOM, VATAKARA,
           KOZHIKODE DISTRICT
           , PIN - 673507
    4      MOHANDAS.K.P, S/O. BALAKRISHNAN, AMALAKULANGARA,
           KUNNUMMAL AMSOM, VATTOLI DESOM, VATAKARA,
           KOZHIKODE DISTRICT
           , PIN - 673507
    5      ADDL. KUNNUMAL GRAMA PANCHAYAT
           (SOUGHT TO IMPLEADED)
           BY ADVS.
           U.P.BALAKRISHNAN U P
           K.R.AVINASH(A-692)
           C.H.ABDUL RASAC(K/912/2005)

           GP RAJEEV JYOTHISH GEORGE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15203 OF 2022
                               2

                   JUDGMENT

Dated this the 24th day of June, 2022

The petitioner alleges that the only access to his

property, a pathway vested with the Kunnumal Grama

Panchayat, is being obstructed by respondents 3 and 4. He

has therefore sought intervention of the Executive

Magistrate by filing Exts.P1 and P3 complaints. The

petitioner's grievance is regarding the delay on the part of

the Executive Magistrate in taking action based on his

complaint.

2. I heard the learned Counsel for the petitioner,

the learned Government Pleader and the learned Counsel

for respondents 3 and 4.

3. Learned Counsel for respondents 3 and 4

submitted that the pathway in question is not a public

pathway and hence the Executive Magistrate has no power

to entertain the complaints. Opposing the submission,

learned Counsel for the petitioner asserted that the

pathway is vested with the panchayat and the Executive WP(C) NO. 15203 OF 2022

Magistrate is bound to order removal of the obstruction.

Considering the limited relief sought, the Writ Petition

is disposed of directing the first respondent to take up

Exts.P1 and P3 and to pass appropriate orders in

accordance with law. As necessitated, the first respondent

shall issue notice to the Kunnumal Grama Panchayat also.

The order, as directed above, shall be passed within two

months of receipt of a copy of this judgment.

Sd/-

V.G.ARUN JUDGE

RK WP(C) NO. 15203 OF 2022

APPENDIX OF WP(C) 15203/2022

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 23.04.2022 Exhibit-P2 TRUE COPY OF THE PHOTOGRAPH OF THE SAID PATHWAY AND WORK UNDERTAKEN BY THE RESPONDENTS 3 AND 4 Exhibit-P3 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 28.04.2022 ALONG WITH THE RECEIPT Exhibit-P4 TRUE COPY OF THE JUDGMENT IN OS NO.

116/97 BEFORE THE MUNSIFF COURT, NADAPURAM DATED 29.09.2001 Exhibit-P5 TRUE COPY OF THE PLAN SUBMITTED BY THE ADVOCATE COMMISSIONER IN OS NO.

116/1997 BEFORE MUNSIFF COURT NADAPURAM