Ayoob E vs The District Collector
2026 Latest Caselaw 1548 Ker

Citation : 2026 Latest Caselaw 1548 Ker
Judgement Date : 12 February, 2026

[Cites 0, Cited by 0]

Kerala High Court

Ayoob E vs The District Collector on 12 February, 2026

                                                     2026:KER:13154

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

    THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947

                        WP(C) NO. 3255 OF 2020

PETITIONER:

          AYOOB E.
          AGED 58 YEARS
          S/O. EBRAHIM, RESIDING AT ROSE MOUND, THOTTAKKAD P.O.,
          KALLAMBALAM, THIRUVANANTHAPURAM-695 605.

          BY ADV SRI.JOSEPH GEORGE (KANNAMPUZHA)


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          COLLECTORATE, 2ND FLOOR, CIVIL STATION BUILDING, CIVIL
          STATION ROAD, THIRUVANANTHAPURAM, PIN-695 043.

    2     THE REVENUE DIVISIONAL OFFICER (THE SUB COLLECTOR)
          CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM-695
          043.

    3     THE TAHSILDAR (LAND RECORDS)
          TALUK OFFICE, COURT ROAD, VARKALA TALUK, VARKALA,
          THIRUVANANTHAPURAM, PIN-695 141.

    4     THE VILLAGE OFFICER
          VARKALA VILAGE, VARKALA TALUK, THIRUVANANTHAPURAM, PIN-
          695 141.

    5     THE STATION HOUSE OFFICER
          VARKALA POLICE STATION, THIRUVANANTHAPURAM, PIN-695
          141.

    6     SYAMALA
          AGED 70 YEARS
          D/O. SAROJINIAMMA, KUMARI BHAVAN, PAPANASAM, VARKALA
          DESOM, VARKALA VILLAGE, THIRUVANANTHAPURAM, PIN-695
 WP(C) No.3255 of 2020              -2-




                                              2026:KER:13154


            141.
            BY ADV SHRI.G.S.REGHUNATH
            GP- NIMA JACOB

      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 12.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.3255 of 2020                     -3-




                                                                2026:KER:13154


                                 JUDGMENT

Dated this the 12th day of February, 2026

Petitioner has approached this Court seeking a direction to

respondents 1 to 5 to remove the obstruction made by the 6 th

respondent in the public pathway comprised in Re.Sy. No.46, Block

No.151 of Varkala Village within a time limit to be fixed by this Court.

Petitioner has also sought for other consequential reliefs.

2. Petitioner submits that the 6th respondent encroached

upon the public pathway thereby preventing the usage of the road

by the petitioner who is residing on the opposite side of the land

owned by the 6th respondent. Earlier, proceedings were initiated as

per Ext.P12 against the 6th respondent, against which an appeal was

preferred which was also rejected by Ext.P15. Taking into

consideration the fact that a revision was preferred by the 6 th

respondent, this Court as per interim order dated 19.02.2020

directed the District Collector to dispose of the revision filed by the

6th respondent within a period of six weeks. Later, the District

Collector has passed an order bearing No.B18-10000/2019 dated

30.01.2021, whereby the said revision petition which was directed to

be disposed of as per order dated 19.02.2020 in this writ petition

was rejected. The said order was challenged by the 6 th respondent in

WP(C) No.3998 of 2021. But this Court as per judgment dated

2026:KER:13154

22.05.2023 declined to interfere in the matter, but the interim order

granted by the Court in the said writ petition was directed to be

continued till the Civil Court finally decides the matter which is

stated to be pending consideration. The petitioner has filed a review

petition as RP No.584 of 2023 in WP(C) No.3998 of 2021, and the

said judgment was reviewed and modified to the extent that the

direction issued by this Court on 05.04.2022 (interim order granted

by this Court) shall remain in force for a period of two months, by

which time, the 6th respondent (the petitioner therein) seeks orders

in the suit pending before the competent Court.

3. I have heard the learned Government Pleader.

Taking into consideration above facts and circumstances, I am

of the opinion that, if the 6th respondent is not able to obtain any

interim order from that trial Court as directed in the judgment in

WP(C) No.3998 of 2021, the official respondents are legally bound to

enforce the proceedings now initiated against the 6 th respondent. In

view of the above, above writ petition is disposed of as follows:-

There will be a direction to the 3 rd respondent to take appropriate

steps to enforce Exts.P12 and P15 (confirmed in revision by the

District Collector) as per order dated 30.01.2021, without any delay,

at any rate within an outer limit of three months from the date of

2026:KER:13154

receipt of a copy of this judgment, if the removal of encroachment

has not been injuncted by any Civil Court.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

2026:KER:13154

APPENDIX OF WP(C) NO. 3255 OF 2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TITLE DEED OF THE PETITIONER, DATED 21.2.2008. EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 29.3.2016 ISSUED TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE BTR EXTRACT OF RE-

SY.NO.45 OF VARKALA VILLAGE (ERSTWHILE CHIRAYINKEEZHU TALUK), DATED NIL. EXHIBIT P4 TRUE COPY OF THE RELEVANT PORTION OF THE SURVEY PLAN SHOWING THE LIE OF THE PROPERTY OF THE PETITIONER AND THE 6TH RESPONDENT AS WELL AS OF THE PUBLIC PATHWAY DATED NIL.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 20.3.2018 SUBMITTED BY THE PETITIONER, BEFORE THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPORT DATED 23.3.2018, SUBMITTED BY THE 4TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE REPORT DATED 2.8.2018, SUBMITTED BY THE 3RD RESPONDENT. EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS IN FORM A AGAINST THE 6TH RESPONDENT DATED NIL.
EXHIBIT P9              TRUE COPY OF THE REPORT/SIGHT MAHAZAR,
                        DATED    24.11.2018     PREPARED    BY    4TH
                        RESPONDENT.
EXHIBIT P10             TRUE COPY OF THE RE-SURVEY PLAN SHOWING
                        THE   OBSTRUCTION    CAUSED    BY   THE   6TH
RESPONDENT IN THE PUBLIC PATHWAY DATED NIL.

EXHIBIT P11 TRUE COPY OF THE LOCATION SKETCH, SPECIFICALLY SHOWING THE OBSTRUCTION CAUSED BY THE 6TH RESPONDENT IN THE PUBLIC PATHWAY, PREPARED BY 4TH RESPONDENT DATED NIL.

EXHIBIT P12 TRUE COPY OF THE ORDER DATED 1.2.2019, ALONG WITH C FORM, PASSED BY THE 3RD RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE DATED 8.3.2019 IN WPC 7027/2019 ON THE FILE OF THIS HON'BLE COURT.

EXHIBIT P14 TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED NIL.

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EXHIBIT P15 TRUE COPY OF THE ORDER DATED 14.11.2019, PASSED BY THE 2ND RESPONDENT. EXHIBIT P16 TRUE COPY OF THE LETTER DATED 23.11.2019, THE 3RD RESPONDENT DIRECTED THE 4TH RESPONDENT TO VACATE THE ENCROACHMENT N THE LAND IN QUESTION AND TO SUBMIT A REPORT IN THAT REGARD.

EXHIBIT P17 TRUE COPY OF THE LETTER DATED 17.12.2019, ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT, DIRECTING TO REGISTER AN FIR UNDER SECTION 7 OF THE LC ACT AGAINST THE 6TH RESPONDENT.