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Kerala High Court
K.C. Velayudhan vs Indulekha on 17 December, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:97253
W.A. No.2785 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 17TH DAY OF DECEMBER 2025 / 26TH
AGRAHAYANA, 1947
WA NO. 2785 OF 2025
AGAINST THE JUDGMENT DATED 22.10.2025 IN WP(C)
NO.6790 OF 2022 OF HIGH COURT OF KERALA
APPELLANT/8TH RESPONDENT:
K.C. VELAYUDHAN, AGED 66 YEARS, KEERTHI,
T.C.27/2761(1) VIGNESWARA NAGAR, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695 014
BY ADVS.
SMT.SMITHA S.PILLAI
SRI.N.NANDAKUMARA MENON (SR.)
RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 7:
1 INDULEKHA, AGED 67 YEARS, D/O. SULOCHANAN NAIR,
RESIDING AT TC 14/1740 (OLD) TC 27/2821 (NEW)
GANAPTHI KOVIL ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695 014
2 THE SECRETARY TO GOVERNMENT, LOCAL SELF
GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
3 THE CHIEF TOWN PLANNER (VIGILANCE), VIGILANCE
2025:KER:97253
W.A. No.2785 of 2025
2
WING, LOCAL SELF GOVERNMENT DEPARTMENT, SWARAJ
BHVAN, NANTHANCODE, THIRUVANANTHAPURAM, PIN -
695 003
4 THE THIRUVANANTHAPURAM CORPORATION, VIKAS BHAVAN
P.O. THIRUVANANTHAPURAM REPRESENTED BY ITS
SECRETARY., PIN - 695 033
5 THE SECRETARY, THIRUVANANTHAPURAM CORPORATION,
CORPORATION BUILDING, VIKAS BHAVAN P.O.
THIRUVANANTHAPURAM, PIN - 695 033
6 THE SUPERINTENDING ENGINEER, THIRUVANANTHAPURAM
CORPORATION, CORPORATION BUILDING, VIKAS BHAVAN
P.O. THIRUVANANTHAPURAM, PIN - 695 033
7 THE TAHSILDAR, (LAND RECORDS) TALUK OFFICE, EAST
FORT,THIRUVANANTHAPURAM, PIN - 695 023
8 THE VILLAGE OFFICER, THYCAUD VILLAGE,
THIRUVANANTHAPURAM, PIN - 695 014
BY ADV SHRI.SUMAN CHAKRAVARTHY, SC,
THIRUVANANTHAPURAM CORPORATION
SMT K R DEEPA, SPL GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
17.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:97253
W.A. No.2785 of 2025
3
JUDGMENT
A. Muhamed Mustaque, J.
This is a case where a private dispute was sought to be
resolved through a public law remedy. The brief facts of the
case are as follows: One Chellappan Pillai executed a
settlement deed, dividing the property belonging to him in
favour of his two children, namely Sulochanan Nair and
Lalithambika Kumari, and set apart a common road. The legal
heirs, who subsequently derived title under the settlement deed
through their predecessor with whom Chellappan Pillai had
executed the deed, sold their respective shares. K. C.
Velayudhan, a total stranger to the family, purchased 4.91
cents of land.
2. The dispute now pertains to the use of the
common road so set apart. K. C. Velayudhan contends that he
is entitled to use the entire road earmarked for common use.
Indulekha, the grandchild of Chellappan Pillai, on the other
hand, contends that the right of K. C. Velayudhan is limited to
access up to his plot and that the road cannot be used beyond
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that point.
3. An attempt was made to enter the road in the
asset register of the local authority. In the re-survey records,
the portion of the road lying beyond K. C. Velayudhan's
property was sought to be shown in the name of Indulekha,
which was challenged before the District Collector. The District
Collector interfered in the matter. K. C. Velayudhan also
attempted to have his property included in the asset register of
the local authority and, for that purpose, approached the
Government. As the records show, and as admitted by both
parties, the land in question was originally private land
belonging to one Chellappan Pillai. It has not, so far, been
included in the asset register of the local authority, nor has it
otherwise been treated as a public road. However, K. C.
Velayudhan contends that the road was dedicated to the public
by Chellappan Pillai for the common use of all. There is no
dispute regarding the existence of the road at present. We find
that interference by the public authorities in this matter is
unnecessary.
4. The learned Single Judge has set aside the
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order of the District Collector interfering with the re-survey
proceedings on the ground that Indulekha was not afforded an
opportunity of being heard, and has directed reconsideration of
the matter afresh after hearing Indulekha. We are of the view
that such an exercise is unnecessary, as the issue pertains to
private land and disputes among private landowners. It would
be appropriate for the parties to agitate their dispute before the
civil court and have it resolved there. As of now, no public law
element is involved.
5. Be that as it may, we order that no
obstruction shall be caused to the said road, nor shall its
character be altered in any manner, subject to further orders to
be passed by the civil court. Both parties are at liberty to
approach the civil court for the assertion of their respective
rights, and it is for the civil court to decide the manner in which
the road may be used by the parties.
6. We affirm the order of the learned Single
Judge setting aside all the proceedings; however, the order
directing reconsideration is set aside.
7. Neither party shall cause any obstruction on
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the road for the time being, and this shall be subject to the
orders to be passed by the civil court. We make it clear that it
is for the civil court to pass appropriate orders on any
application for injunction, based on the rights claimed and the
documents relied upon by the parties. We direct the Tahsildar
(LR), Thiruvananthapuram, to ensure the status quo ante as on
26.07.2019, the date on which the public law remedy was
invoked by the appellant. Obstruction, if any, made in the
road will have to be removed subject to the order of the civil
court.
This writ appeal is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
HARISANKAR V. MENON
JUDGE
PR
2025:KER:97253
APPENDIX OF WA NO. 2785 OF 2025
PETITIONER EXHIBITS
ExhibitP1 TYPED COPY OF EXHIBIT P1 (SECOND PAGE)
(DEED NO.1927/1978)
Exhibit P3 TYPED COPY OF EXT.P3 (SECOND PAGE)
(DEED NO. 1284/1995)
Exhibit P7 TYPED COPY OF EXT.P7 (SECOND PAGE)
Exhibit P10 TYPED COPY OF EXT.P10 (SECOND PAGE)
Exhibit 13 TYPED COPY OF EXT.P13 (SECOND PAGE)
Exhibit P19 (8)8 TYPED COPY OF EXT.P19 (8)
Exhibit R8(6) TYPED COPY OF R8(6)
Exhibit R8(9) TYPED COPY OF R8(9)
