Mahrub Hassan Sahib v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937 WP(C).No. 23220 of 2012 (B) ---------------------------- PETITIONER:
----------- MAHRUB HASSAN SAHIB, (S/O.MAHRUB), VATTAKUDY HOUSE, ELAMPRA ERAMALLUR VILLAGE, NELLIKIZHY (PO), KOTHAMANGALAM ERNAKULAM DISTRICT.
BY ADVS.SRI.T.K.MARTHANDAN UNNITHAN SRI.V.JAYAKUMAR RESPONDENT(S):
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1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.
2. THE DISTRICT COLLECTOR COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT.
3. THE REVENUE DIVISIONAL OFFICER MUVATTUPUZHA.
4. MAKKARU S/O.KOCHU MAHRUB, VATTAKUDI HOUSE, ELAMPRA ERAMALLUR VILLAGE, NELLIKUZHY (PO), KOTHAMANGALAM ERNAKULAM DISTRICT-686688.
5. SAINABHA W/O.MAKKARU, DO. DO.-686688.
6. HASSANGANI S/O.KOCHU MAHRUB, DO. DO.-686688.
7. JASMIN W/O.HASSANGANI, DO. DO.-686688.
8. NASSAR S/O.KOCHU MAHRUB, DO. DO.-686688.
*9. KAYYUMMA W/O.NASSAR, DO. DO.-686688.(DELETED) (*R9 is deleted from the party array at the risk of the petitioner as per Order dt.16.01.2013 in I.A.509/2013) R4-R8 BY ADV. SRI.A.BALAGOPALAN R4-R8 BY ADV. SRI.A.RAJAGOPALAN R4-R8 BY ADV. SRI.M.N.MANMADAN R4-R8 BY ADV. SRI.M.S.IMTHIYAZ AHAMMED R1& R3 BY GOVERNMENT PLEADER NOUSHAD THOTTATHIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 23220 of 2012 (B) A P P E N D I X PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF SALE DEED DT.8.11.2010 OF THE SUB REGISTRY OFFICE, KOTHAMANGALAM.
EXT.P2: TRUE COPY OF COMPLAINT DT.9.7.2011 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR.
EXT.P3: TRUE COPY OF COVERING LETTER DT.15.11.2011 ISSUED BY THE VILLAGE OFFICER.
EXT.P3(a): TRUE COPY OF THE REPORT AND PLAN SUBMITTED BY THE VILLAGE OFFICER ALONG WITH EXT.P3 DT.15.11.2011.
EXT.P4: TRUE COPY OF NOTICE DT.2.12.2011 ISSUED BY THE 3RD RESPONDENT.
EXT.P5: TRUE COPY OF THE PROCEEDINGS IN THE CASE ISSUED TO THE PETITIONER BY THE PUBLIC INFORMATION OFFICER. EXT.P6: TRUE COPY OF ORDER DATED 7.3.2012 ISSUED BY THE R.D.O. EXT.P7: TRUE COPY OF APPEAL PETITION DT.2.5.2012 SUBMITTED BY THE PETITIONER.
EXT.P8: TRUE COPY OF COMMUNICATION DT.23.7.12 ISSUED BY THE DISTRICT COLLECTOR.
RESPONDENTS' EXHIBITS NIL.
/true copy/ P.S to Judge
P.V.ASHA, J.
----------------------------------------------------- W.P(c) No.23220 of 2012-B ---------------------------------------------------- Dated this the 3rd day of June, 2015
JUDGMENT
The petitioner is aggrieved by the obstruction caused to his pathway at the instance of respondents 4 to 9. It is submitted that he has been using the pathway in question from time immemorial. He had approached the R.D.O with a complaint over the obstruction, which was dismissed as per Ext.P6 finding that, the issue involved is regarding right to pathway as per the title deed for which the petitioner has to approach the civil court. The appeal before the District Collector also was against him in Ext.P8 order. Therein also, it was found that the appropriate remedy for the petitioner is to approach the civil court. 2.
I heard the learned counsel appearing on either side. In the circumstances where the petitioner is claiming a pathway, which is seriously disputed by the respondents, the remedy available to the petitioner is to approach the civil court as rightly found by the R.D.O as well as the District Collector.
W.P(c) No.23220 of 2012-B This Writ Petition is accordingly dismissed with liberty to the petitioner to approach the civil court.
Sd/- (P.V.ASHA, JUDGE) rtr/