PATHUKUTTY Vs. SECRETARY, DEPARTMENT OF ROAD

JUDGEMENT

(1.) THIS writ petition is filed seeking a writ of Mandamus to call for the records leading to Ext.P23 and to direct the respondents to remove the concrete pillar for the railway over bridge put up in the said property. Ext.P23 is the representation submitted by the petitioners to the District Collector wherein they have made a claim in respect of 10.20 ares of land in Survey No.27/7B of Edappally North village. According to the petitioners, this land forms part of 57 cents of land which was owned by their predecessor in interest.

(2.) COUNTER affidavit is filed by the respondents inter alia stating that this extent of land is puramboke land and therefore the pillar has been constructed for the over bridge and the petitioners cannot claim any right in respect of the said property.

(3.) IN so far as the title of the petitioner is disputed by the Revenue Department, it may not be possible for this Court to consider the disputed questions of fact and therefore I am of the view that the remedy, if any, for the petitioners is only to approach appropriate civil court having jurisdiction in the matter to get adjudication of the disputes which had arisen in this case.