Kerala High Court
Velammal vs The State Of Kerala on 27 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
WP(C) NO.14302 OF 2015
PETITIONER/S:
1 VELAMMAL, AGED 74 YEARS, W/O. N.CHELLIAH, RESIDING AT
VAISAKHAM, DEVIKULAM, KDH VILLAGE, DEVIKULAM TALUK,
IDUKKI DISTRICT-685 613.(DIED).
ADDL.P2 PAVITHRA RAJESH, AGED 23 YEARS, D/O. RAJESH, RESIDING
AT VAISAKHAM, DEVIKULAM, K D H VILLAGE, DEVIKULAM
TALUK, IDUKKI DISTRICT - 685613
(ADDL. P2 IMPLEADED AS LEGAL HEIR OF THE DECEASED
PETITIONER AS PER ORDER DATED 21-01-2022 IN IA
1/2022)
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI,
IDUKKI DISTRICT-685 001.
3 THE REVENUE DIVISIONAL OFFICER,
DEVIKULAM, IDUKKI DISTRICT-685 001.
4 THE TAHSILDAR, DEVIKULAM,
IDUKKI DISTRICT-685 001.
5 THE VILLAGE OFFICER, KDH VILLAGE OFFICE,
DEVIKULAM, IDUKKI DISTRICT-685 001.
BY GOVERNMENT PLEADER, SRI.N.RENJITH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.14302/2015 2
JUDGMENT
A.Muhamed Mustaque, J.
This writ petition was filed seeking the following
relief:
i. Issue a writ of mandamus or any other appropriate
writ order or direction commanding the respondents
not to cause interference in the access as presently
available to the residential house of the petitioner,
and by passing the provisions of the different
statues, and in violation of the principles of
natural justice not to initiate any further
proceedings, in the interest of justice.
2. Apparently, the dispute in this case is regarding
the use of the pathway, leading to the petitioner's house,
which is Government land.
3. In the counter affidavit filed on behalf of the
second respondent, it is stated that the petitioner is
having an alternative pathway and therefore, is not
entitled to use any Government land as a pathway.
4. We are not entering into the merit of the issue
inasmuch as that no order is under challenge before us.
If the petitioner wants to establish a private right over
a public land, certainly, the petitioner can invoke an
alternate remedy before the Civil Court.
5. If the Government wants to proceed against the
petitioner by preventing him from using the pathway,
necessary orders shall be passed before taking action and
the petitioner shall also be heard before passing such
orders.
With the above observations, this writ petition is
disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
ln
APPENDIX OF WP(C)NO.14302/2015
PETITIONER'S EXHIBITS:
EXT.P1 A COPY OF THE PATTA BEARING NO.42 OF THE DEVIKULAM
TALUK OFFICE, DTD.26.3.99.
EXT.P2 A COPY OF THE DOCUMENT BEARING NO.583 OF 2013
DTD.1.3.2013 OF THE DEVIKULAM SRO.
EXT.P3 A COPY OF THE PHOTOGRAPHS WHICH ALSO SHOWS THE ACCESS
ON THE NORTH TO THE PUBLIC ROAD.
EXT.P4 A COPY OF THE ELECTRICITY BILL ISSUED IN THE NAME OF
THE FATHER OF THE PETITIONER DTD.2.5.2015.
RESPONDENTS EXHIBITS:
EXT.R2(A) A TRUE COPY OF THE PHOTOGRAPH OF THE PATHWAY (LOCK
HEART ESTATE ROAD)
EXT.R2(B) TRUE COPY OF THE MAHAZAR DATED 05.03.1999.
EXT.R2(C) TRUE COPY OF THE ORDER OF ASSIGNMENT DATED
26.03.1999.
EXT.R2(D) TRUE COPY OF THE SITE SKETCH (OS NO.149/2010)
PREPARED BY THE PWD AUTHORITIES.
EXT.R2(E) TRUE COPY OF THE PHOTOGRAPH OF IRON GATE INSTALLED BY
THE PETITIONER.
EXT.R2(F) TRUE COPY OF THE JUDGMENT DATED 15.03.2013 IN W.P.(c)
NO.24614 OF 2006.
EXT.R2(G) TRUE COPY OF THE NOTICE DATED 01.01.2016.
EXT.R2(H) TRUE COPY OF THE PHOTOGRAPH OF THE CONCRETE BRIDGE
ACROSS THE STREAM ON THE NORTH SIDE OF THE PROPERTY.
